News & Analysis as of

Confidential Communications Legal Advice Privilege United Kingdom

Goodwin

“Shareholder Rule” Snuffed Out: Practical Implications for UK Companies and Shareholders

Goodwin on

When a client seeks legal advice from a lawyer, the confidential communications between them, which are made for the sole or dominant purpose of seeking and receiving legal advice, are protected by legal professional...more

Cooley LLP

Alert: Maintaining Legal Advice Privilege in England and Wales: Don’t Let Bad Habits Creep Into ‘New Normal’

Cooley LLP on

Businesses' ability to adapt to the "new normal" of remote working in the UK has been astonishing and commendable. However, the official communication lines that protect legal privilege (amongst other things) may be eroded if...more

Hogan Lovells

Privilege overview (UPDATED)

Hogan Lovells on

Any recorded communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial...more

Latham & Watkins LLP

Court of Appeal Clarifies Legal Professional Privilege

Latham & Watkins LLP on

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more

Hogan Lovells

Court of appeal upholds dominant purpose test for legal advice privilege, and considers its application to multi-addressee...

Hogan Lovells on

In The Civil Aviation Authority v R (on the application of Jet2.com Limited), the Court of Appeal, upholding the High Court decision, has affirmed that legal advice privilege (LAP) is subject to a dominant purpose test. This...more

Morgan Lewis

English Court of Appeal Considers Test for Legal Advice Privilege

Morgan Lewis on

In Civil Aviation Authority v. R (on the Application of Jet2.com Ltd.), the English Court of Appeal clarified the test for legal advice privilege, confirming the need to show that the dominant purpose of the relevant...more

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

White & Case LLP on

In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

Latham & Watkins LLP

English High Court Upholds Privilege Claim Over Client Instructions to Provide Confirmations

Latham & Watkins LLP on

The decision clarifies how lawyer-client privilege applies in the context of transactions. The recent English High Court decision Raiffeisen Bank International AG v Asia Coal Energy Ventures Limited and Ashurst provides...more

A&O Shearman

Legal advice privilege subject to "dominant purpose"

A&O Shearman on

Claims for legal advice privilege were said to be subject to a dominant purpose test, namely whether the communication or document was brought into existence with the dominant purpose of it or its contents being used to...more

Orrick, Herrington & Sutcliffe LLP

Structuring Investigations In Light Of UK Privilege Case

The English Court of Appeal's much - anticipated decision on legal professional privilege in Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd. contains mixed news for companies conducting...more

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