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In-House Insights

We understand that the challenges faced by in-house legal teams are varied and changing rapidly. Our In-house hub provides resources to help provide guidance on a variety of legal and business issues specifically for in-house counsel.

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Revisiting the principles of legal professional privilege: Al Sadeq v Dechert & Ors

Complex issues regarding the validity of a party's claim to privilege are very common in commercial disputes and frequently make fertile ground for conflict. The recent judgment in Al Sadeq v Dechert & Ors [2023] EWHC 795 (KB), in which the High Court dismissed a claimant's challenges to the defendant law firm's assertions of privilege over various categories of documents, provides helpful clarification on several key points relating to legal professional privilege. However, questions remain over the availability of litigation privilege to non-parties to proceedings.

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£1 million or £10? It's all in the "small print" in Parker-Grennan v Camelot

In an age when all it takes to accept a website's terms and conditions is a simple click, the judgment in Parker-Grennan v Camelot UK Lotteries Ltd serves as a timely reminder of what can be at stake when the website does not function as it should. It also reveals how the ways in which terms and conditions are drafted can either protect businesses from liability, or open them up to challenges on the basis of incorporation, enforceability and fairness.

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Enforcing dispute resolution provisions

The Court of Appeal recently handed down judgment in Kajima Construction Europe (UK) Ltd & Anr v Children’s Ark Partnership Ltd [2023] EWCA Civ 292, an important case regarding the approach to enforcing dispute resolution provisions. As well as making clear that clauses which require the parties to engage in an alternative dispute resolution procedure prior to commencing court proceedings will need to be sufficiently certain to be enforceable, the Court of Appeal has confirmed that the usual remedy for breach of such a clause will be a stay of court proceedings, rather than a strike out.

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