News & Analysis as of

United Kingdom Attorney-Client Privilege

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

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

BCLP on

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....more

Herbert Smith Freehills Kramer

Handy client guide to privilege

We have published a client guide to legal professional privilege under English law. This guide comprises: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on...more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 1-7. Here’s what’s...more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

A&O Shearman on

We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more

BCLP

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

BCLP on

Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

Womble Bond Dickinson

[Webinar] Exploring Cross-Border Privilege Issues - October 26th, 10:00 am - 11:30 am EDT

Womble Bond Dickinson on

Join our panel of distinguished attorneys from across the globe to explore how attorney-client privileged communications and work product protections are defined and applied across jurisdictions. Panelists from the United...more

Hogan Lovells

Your secret is safe with me - CJEU extends Legal Professional Privilege under EU law

Hogan Lovells on

In December 2022, the Court of Justice of the European Union (“CJEU”) made a preliminary ruling which will herald a significant, and welcome, impact on the treatment of lawyer-client communications by the EU courts. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Further Aligns Corporate Crime Guidance With US and UK Approaches to Sentencing and Leniency

On January 16, 2023, France’s financial prosecutor, the “Parquet National Financier” (PNF), issued updated guidance (the Guidelines) regarding its approach to offering, negotiating and entering into French deferred...more

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

Latham & Watkins LLP on

A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

WilmerHale

Access points: how to respond to raids by UK investigating authorities

WilmerHale on

Following recent media reports of raids conducted by the UK National Crime Agency (NCA) - including at domestic residences - as part of a Covid-linked fraud investigation, and visits by the UK Serious Fraud Office (SFO) to...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

Latham & Watkins LLP on

The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

BCLP

UK HR Two Minute Monthly - September 2021

BCLP on

Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more

King & Spalding

US/UK Investigations Comparative Note

King & Spalding on

King & Spalding’s April Client Alert provided an overview of and practical advice related to issues that an employer should consider before conducting an internal investigation in the United Kingdom: privilege, privacy,...more

Morrison & Foerster LLP

International Tax Disputes Insights Newsletter (Spring 2021)

Our inaugural issue focuses on a truly transnational and important rule of law: the attorney-client privilege and related protections against disclosure. While this is a topic common to all areas of law, the tax arena at...more

Latham & Watkins LLP

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

Latham & Watkins LLP on

Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more

Latham & Watkins LLP

High Court Determines Exceptions to ‘Without Prejudice’ Privilege in Recent Disputes

Latham & Watkins LLP on

Two cases illustrate the narrow scope of application for exceptions to the without prejudice rule of legal privilege. Background - In two recent judgments, the High Court found exception to the ‘without prejudice’ rule...more

Morrison & Foerster LLP

The Privilege Is Ours…And Theirs; English High Court Clarifies Rules On Legal Advice Privilege For Foreign Lawyers

A recent English High Court decision has provided clarity on the scope of legal advice privilege as it relates to foreign lawyers. Background- The English High Court’s decision in PJSC Tatneft v Bogolyubov and others [2020]...more

Latham & Watkins LLP

English Legal Advice Privilege Can Apply to Communications With Foreign Lawyers

Latham & Watkins LLP on

High Court holds that English law legal advice privilege can extend to such communications regardless of whether or not the lawyers are in-house practitioners. In PJSC Tatneft v Gennady Bogolyubov & Ors.,[i] the English...more

Dorsey & Whitney LLP

UK High Court Considers What Amounts to a Waiver of Privilege in Recent Case

Dorsey & Whitney LLP on

On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more

BCLP

PCP v Barclays: English High Court Clarifies What Constitutes A Waiver of Privilege. The Answer - It All Depends...

BCLP on

The Commercial Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions, as the bank had referenced and deployed certain documents containing legal...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

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

69 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide