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What’s settled in the board room stays in the board room. Or does it?

The Court of Appeal has handed down another significant judgment on the topic of legal professional privilege. In WH Holding Ltd & Anor v E20 Stadium LLP[1], the Court clarified that litigation privilege does not extend to purely commercial communications within a company discussing proposals for settlement. The decision also addresses the Court’s approach to applications for inspection where a claim for privilege is challenged.

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