Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim

Rachel Lidgate, Maura McIntosh, David Shepherd and Louisa Cranfield of HSF Kramer examine a High Court ruling that communications prepared to help Harbour assess whether to fund claims against Uber were not protected by litigation privilege, while also confirming that relevant information held by solicitors may fall within a claimant’s control unless the client gave informed consent for it to be withheld.

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