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19 April 2024
Issue: 8067 / Categories: Legal News , Procedure & practice , Privilege , Human rights , Fraud , Litigation funding
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NLJ this week: Al Sadeq v Dechert, legal privilege & the iniquity exception

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The fascinating case of Al Sadeq v Dechert and others [2024] and the boundaries of legal confidentiality and disclosure are covered in this week’s NLJ by Christian Tuddenham, partner, and André Nwadikwa, associate, at Jenner & Block

Al Sadeq concerned legal professional privilege against the backdrop of alleged human rights violations. As Tuddenham and Nwadikwa explain, ‘this decision is relevant to the victims of crime, but also to the commercial litigation funding industry, those with an interest in the outcome of class actions or group litigation, insurers, and certain categories of investor’.

The authors cover the background and proceedings, and look at the ‘iniquity exception’ and its evidential threshold in some depth. They comment that the judgment ‘is pragmatic and reaches conclusions that are clear and of practical application’. They summarise the judge’s analysis.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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