‘The Post Office inquiry shows that legal professional privilege (LPP) presents “significant problems of principle and practice” and needs urgent reform, leading academics have argued.’
Legal Futures, 20th January 2025
Source: www.legalfutures.co.uk
‘In this article, 4 New Square’s Shail Patel KC and Ed Grigg consider the High Court’s recent decision in Aabar Holdings S.à.r.l. v Glencore Plc & Others [2024] EWHC 3046 (Comm), which considered the right of a company to assert privilege, in various circumstances, against its own shareholders.’
4 New Square, 4th December 2024
Source: www.4newsquare.com
‘Legal advice given by in-house lawyers will, under English law, attract privilege in the same way as legal advice given by any other lawyers, but there are certain issues in-house lawyers should pay particular attention to when considering legal professional privilege, according to new guidance by the Solicitors Regulation Authority (SRA).’
OUT-LAW.com, 22nd November 2024
Source: www.pinsentmasons.com
‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’
Kingsley Napley Immigration Blog, 14th November 2024
Source: www.kingsleynapley.co.uk
‘A City law firm will be able to fully defend itself from serious allegations in the High Court after a judge held that its former clients cannot claim legal professional privilege (LPP) because of the iniquity exemption.’
Legal Futures, 29th August 2024
Source: www.legalfutures.co.uk
‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’
Gatehouse Chambers, 4th February 2024
Source: gatehouselaw.co.uk
‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’
OUT-LAW.com, 8th February 2024
Source: www.pinsentmasons.com
‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’
OUT-LAW.com, 25th October 2023
Source: www.pinsentmasons.com
‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’
Legal Futures, 2nd August 2023
Source: www.legalfutures.co.uk
‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’
OUT-LAW.com, 14th December 2022
Source: www.pinsentmasons.com
‘There is no general rule that the identity of those instructing solicitors on behalf of a corporate client is protected by litigation privilege, the Court of Appeal has ruled.’
Legal Futures, 15th November 2022
Source: www.legalfutures.co.uk
‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’
Legal Futures, 26th August 2022
Source: www.legalfutures.co.uk
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’
Legal Futures, 16th May 2022
Source: www.legalfutures.co.uk
‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’
Legal Futures, 4th January 2022
Source: www.legalfutures.co.uk
‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’
Legal Futures, 2nd July 2021
Source: www.legalfutures.co.uk
‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’
Law Society's Gazette, 9th June 2021
Source: www.lawgazette.co.uk
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