The Offshore Litigation Blog and our contributors
The Harneys Offshore Litigation Blog is a unique online hub for news and insights about offshore litigation in jurisdictions including the British Virgin Islands, the Cayman Islands, and Bermuda. We are the authoritative resource for recent cases, jurisdictional news, court lists, interviews with the judiciary and even some tips on island life.
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Walking the tightrope - Illegally obtained evidence, privilege and the iniquity exception
In two recent cases, the British Virgin Islands Commercial Court had the opportunity to clarify the effect of section 125 of the Evidence Act 2006 (the Act). This provides that the Court is obliged to carry out a balancing act between the manner in which the evidence was obtained and the desirability of admitting it.
22 Jun 2021
Overriding legal professional privilege - The iniquity exception
A decision of the English High Court released earlier this month deals with the important issue which arises when instructions and communications between a lawyer and their client are not protected by legal professional privilege if the lawyer is instructed for the purpose of furthering or concealing a crime, fraud or other iniquity, whether or not the lawyer is aware of the wrongful purpose – the so-called "iniquity exception".
12 Mar 2020