Privilege And Evidence Gathering: Where Are The Courts Drawing The Line?

Litigation often turns on the information available to the parties. The three decisions discussed in this article illustrate the courts' continuing focus on the integrity of the processes of obtaining and using information in evidence. In these recent cases, the courts consider issues of privilege, control of documents and the proper boundaries of acceptable evidence-gathering. Together, the cases provide important reminders that in litigation, the manner in which information is gathered and handled can be just as important as the information itself.

Litigation in contemplation does not guarantee privilege

In Uber London Ltd v White [2026] EWHC 1610 (Comm), the Commercial Court considered whether documents created during a litigation funder's investigation of a potential claim were protected by legal professional privilege. The court accepted that certain communications between the funder and its solicitors were covered by legal advice privilege because a solicitor-client