England and Wales Case Law

GSX, R (on the application of) v The Crown Court at Southwark

The FCA and police made significant legal errors in seeking and executing the warrant, particularly regarding privileged material and the SIF, but did not act in bad faith or with egregious disregard for statutory safeguards. The statutory scheme provides for retention to be determined by the Crown Court under s.59, and the court should not grant exceptional relief depriving the interested parties of this opportunity.

Source excerpt

• Search warrants
• Legal professional privilege
• Disclosure
• Public interest immunity
• Retention of seized property

Read case analysis

George Greenwood v The Information Commissioner & Anor

The Cabinet Office was entitled to withhold the Draft Report under sections 31(1), 35(1)(a), 43(2), 42(1), and 23(1) of FOIA because the exemptions were engaged and the public interest balance test favoured non-disclosure at the relevant date; the Information Commissioner's Decision Notice was in accordance with the law and discretion was exercised correctly.

Source excerpt

• Freedom of information
• Government policy
• Law enforcement exemptions
• Commercial interests
• Legal professional privilege

Read case analysis

Paul Bryan v The Commissioners for HMRC

The tribunal refused Mr Paul Bryan’s application to direct HMRC to issue closure notices for open income tax enquiries, finding HMRC still had reasonable grounds to continue.

• Income tax
• Tax enquiries
• Closure notices
• Legal professional privilege
• Tax-enquiries
• Closure-notices

Read case analysis

UK Insurance Limited v Bahader Hassankhail

The High Court partly granted specific disclosure in a fraud claim over a settled personal injury case, finding a prima facie case of iniquity and some waivers of privilege.

• Legal professional privilege
• Iniquity exception
• Waiver of privilege
• Specific disclosure
• Abuse of process
• Specific-disclosure

Read case analysis

UK Insurance Ltd v Hassankhail

UK Insurance Ltd v Hassankhail [2026] EWHC 1020 (KB) (01 May 2026)

The High Court ordered substantial specific disclosure in a fraud challenge to a prior settlement, applying the iniquity exception and privilege waiver principles.

• Legal professional privilege
• Iniquity exception
• Specific disclosure
• Collateral waiver
• Personal injury quantum
• Abuse of process

Read case analysis

David Tarsh v The Information Commissioner & Anor

The Tribunal partly allowed an EIR appeal against TfL, ordering disclosure of slides 62–73, but otherwise upheld withholding and dismissed the rest.

• Environmental information regulations
• Freedom of information
• Confidentiality of proceedings
• Internal communications
• Legal professional privilege
• Commercial information

Read case analysis

Aabar Holdings S.À.R.L. & Ors v Glencore PLC & Ors

The High Court held that legal advice privilege can cover intra-client documents created for the dominant purpose of seeking legal advice.

• Legal professional privilege
• Legal advice privilege
• Intra-client communications
• Dominant purpose test
• Legal-professional-privilege
• Legal-advice-privilege

Read case analysis

Aabar Holdings SARL & Ors v Glencore PLC & Ors

Aabar Holdings SARL & Ors v Glencore PLC & Ors [2026] EWHC 877 (Comm) (16 April 2026)

The High Court held that legal advice privilege can cover intra-client documents created or exchanged within the client group for the dominant purpose of seeking legal advice.

• Legal professional privilege
• Legal advice privilege
• Corporate client definition
• Disclosure obligations
• Legal-advice-privilege
• Legal-professional-privilege

Read case analysis

Fahad Ansari, R (on the application of) v Chief Constable of North Wales Police & Anor

The AF (No. 3) disclosure standard does not apply because the proceedings challenge a search and retention of data, which is not a coercive measure imposing serious restrictions on liberty or property. The claimant's substantive legal position is not affected, and the case falls within the category of search and seizure cases where the special advocate regime and statutory closed material procedures suffice. Disclosure damaging to national security is not required.

Source excerpt

• Disclosure standards
• Closed material proceedings
• Article 6 echr
• Legal professional privilege
• Search and seizure

Read case analysis

GSX, R (On the Application Of) v The Crown Court at Southwark

GSX, R (On the Application Of) v The Crown Court at Southwark [2026] EWHC 538 (Admin) (10 March 2026)

The Divisional Court quashed an unlawfully issued search warrant, but refused to order immediate return or destruction of seized material, leaving retention to a s.59 process.

• Search warrants
• Legal professional privilege
• Disclosure obligations
• Unlawful search and seizure
• Retention of seized property
• Search-warrants

Read case analysis