Following the landmark English judgment in SFO v. ENRC [2018]
EWCA Civ 2006 (as reported in
our previous briefing), there have been two further significant
judgments on litigation privilege. These will potentially be
persuasive authorities in Jersey in this area, and should be noted
by all litigants, including directors of trustees and companies in
trust structures.
(1) WH Holding Ltd and another v E20 Stadium
LLP [2018] EWCA Civ 2652 – privilege of internal
communications regarding settlements
The English Court of Appeal found that certain content of emails
between directors discussing a proposed without prejudice
settlement of a dispute were not subject to litigation
privilege.
