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English High Court Revisits the Scope of Litigation Privilege in Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others [2022] EWHC 376 (Comm)

The doctrine of legal professional privilege is a cornerstone of the English legal system. One aspect of this doctrine, litigation privilege, exists to protect confidential communications or documents between a lawyer and client (or a lawyer and third parties) where: (i) the document has been created by or on behalf of the client or lawyer;

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ESG Disputes in England: ClientEarth’s Derivative Action Against Shell’s Board Signals That The English Courts May Be Considered An Increasingly Attractive Forum

The 2021 decision in Milieudefensie et al. v Royal Dutch Shell plc, handed down by the Hague District Court, marked the first major case to hold a multinational corporation responsible for environmental damage. While the Netherlands remain some way ahead of England as a forum of choice for ESG-related litigation, recent developments suggest that the position is beginning to change.