News & Analysis as of

United Kingdom Attorney-Client Privilege Confidential Communications

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

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

A&O Shearman

UK Court of Appeal Grants ENRC Permission to Appeal Widely Criticised Privilege Ruling - and Law Society Seeks to Intervene

A&O Shearman on

On October 11, 2017, Eurasian Natural Resources Corporation was granted permission by the Court of Appeal to appeal the High Court's ruling articulating a significant restriction on the scope of legal professional privilege...more

A&O Shearman

High Court Rules That Witness Interview Notes Are Not Covered by Legal Advice Privilege

A&O Shearman on

In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more

A&O Shearman

No legal advice privilege over lawyers' notes of interviews with employees

A&O Shearman on

Astex Therapeutics Limited v Astrazeneca AB [2016] EWHC 2759 (Ch), 8 November 2016 - In-house and external lawyers' attendance notes of conversations with employees of a client company who are not directly involved in...more

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