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What happens when a Litigant goes “Privilege Hunting”?

The English Court of Appeal's recent decision in Salinas Pliego v Astor Asset Management 3 Ltd [2026] EWCA Civ 940 is a reminder that even strong claims can be undermined by litigation misconduct. The facts were extraordinary: The claimants employed a company called Black Cube, a private investigation firm staffed by former Israeli intelligence officers, to target a sting operation on a newly-promoted partner X of the defendants’ solicitors who had conduct of the defendant’s c...

What New Zealand Organisations Can Learn from the UK’s Post Office Horizon Scandal

The UK’s Post Office Horizon scandal has been called the UK’s most widespread miscarriage of justice. Between 2000 and 2013 the UK Post Office prosecuted postmasters and others who worked in branches in England and Wales in reliance upon incorrect information from the Horizon computer system which suggested money was missing from their branch accounts.Many hundreds of people were convicted wrongly, of criminal offences, and many thousands of people have been held responsible, wrongly, for lo...

AI Use by Clients: Discovery Risks in Civil Proceedings

1.      Client AI chats can form part of the documentary record. If relevant and not privileged, they are likely to be discoverable....