Archive: January 2021

In Guest Supplies Intl Ltd v South Place Hotel Ltd and another [2020] EWHC 307 (QB), the High Court held that communications with one’s solicitor, referenced in a witness statement, can constitute a waiver of legal professional privilege notwithstanding any express denial of waiver. This decision has echoed the Court’s approach in PCP Capital Partners v Barclays Bank [2020] EWHC 1393 (Comm), suggesting that judicial consensus has been reached on the waiver of privilege when relying on legal communications in litigation.

The Covid-19 pandemic and surrounding economic uncertainty is likely to lead to a significant rise in disputes.

The Court of Appeal has provided helpful guidance on the effect of the words ‘subject to contract’ in the context of negotiations.