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ARTICLE · 01 DECEMBER 2017

EMW Law LLP v Halborg [2017] EWHC 1014 (ch)

Clyde & Co
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A solicitor delegated work to another firm of solicitors. When the underlying litigation between the solicitor's clients and their opponent settled, the agent-solicitors were not paid their costs...

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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Judge rules on various issues relating to without prejudice privilege



A solicitor delegated work to another firm of solicitors. When the underlying litigation between the solicitor's clients and their opponent settled, the agent-solicitors were not paid their costs and they commenced proceedings against the principal solicitor. Of issue in this case was whether the agent-solicitors were entitled to disclosure of without prejudice documents produced when the principal solicitor had conducted settlement negotiations with the solicitors for the opponents in the underlying litigation. Various issues concerning without prejudice privilege were considered by Newey J, including the following:

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