Disputes Essentials – Documents in Disputes: Privilege, Provenance and other Pitfalls

This event is aimed at experienced in-house legal professionals, as well as barristers, accountants, investigators, insolvency practitioners, cyber experts etc.

Join us for our next Disputes Essentials breakfast seminar, with the latest updates and practical insights on essential dispute-related topics.

The disclosure regime is a defining, and distinct, feature of litigation in the English courts. As a result, when disputes arise, parties inevitably have two major concerns: protecting their own sensitive documents and information; and getting hold of the other side's. In this context, privilege can be a crucial protection. However, the rules around it are complicated, and easy to fall foul of. Moreover, clever litigators have a number of tools in their arsenal that can allow them to get hold of a wider range of documents than one might immediately think would be accessible.

In this session lawyers from across our disputes practice will examine the various issues that can arise in relation to protecting, disclosing, and obtaining documents in the course of legal proceedings and cyber investigations. As well as the latest developments in relation to privilege, such as consideration of the rights of shareholders to see the privileged legal advice of the company or whether the work of your Data Protection Officer should have specific privilege protection, we will also discuss other ways in which you can protect the use of your documents and data in the course of disputes.

We will also look at alternative methods such as Data Subject Access Requests that can be deployed in order to secure access to other parties' documents, and when and to what extent the documents obtained in the course of legal proceedings can be used outside of them.