News & Analysis as of

United Kingdom Privileged Communication

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...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

BCLP

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

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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

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2023

In this month's instalment, our team highlights the recent ACAS guidance on whistleblowing and employee absences, potential issues with legal advice privilege, workers’ rights in respect of holiday pay on termination and the...more

Hogan Lovells

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

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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

BCLP

UK HR Two-Minute Monthly: “Without prejudice” discussions, 100% Polkey reductions, calculation of long periods of loss of earning...

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Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more

BCLP

Banking Bites - May 2022 #2

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Privy Council rules against extension of the Quincecare duty - Does a bank owe a duty of care to a person who is the beneficial owner of funds held in the account of a customer of the bank and who has been defrauded by...more

A&O Shearman

Litigation privilege not lost despite party deceiving a third party as to its true purpose in asking for information

A&O Shearman on

Legal professional privilege is absolute unless overridden by statute or the party entitled to claim privilege waives that privilege or is estopped from claiming it. There is no principle of law that if a party misleads a...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

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

BCLP on

A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

Latham & Watkins LLP

English Legal Advice Privilege Can Apply to Communications With Foreign Lawyers

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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

A&O Shearman

Privilege in regulatory investigation context: Sports Direct v Financial Reporting Council

A&O Shearman on

Sports Direct has successfully appealed a problematic first instance decision that allowed the Financial Reporting Council (FRC) access to privileged communications. The judgment provides welcome confirmation to companies...more

A&O Shearman

Legal advice privilege subject to “dominant purpose” test – how to deal with multi-party email communications

A&O Shearman on

The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply. The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party...more

WilmerHale

SFO Director Attacks Privilege Ahead of Corporate Guidance on Cooperation

WilmerHale on

The Director of the UK Serious Fraud Office (SFO), Lisa Osofsky, has promised to provide companies with concrete guidance on cooperation with the SFO. Based on her recent comments, this guidance is likely to encourage...more

Epiq

New Disclosure Pilot Scheme Begins in England and Wales

Epiq on

Parties with matters taking place in England and Wales need to be aware of a new disclosure pilot scheme that has become mandatory, with some exceptions, in English and Welsh business and property courts. These courts cover...more

White & Case LLP

Managing the Tension – the protection of privilege in a company audit

White & Case LLP on

The recent case of Financial Reporting Council Limited v Sports Direct International Plc1 serves as a reminder of the tension between companies wishing to protect privileged information and auditors receiving and relying upon...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

A&O Shearman

In-house counsel emails not privileged

A&O Shearman on

Emails between an in-house counsel and an employee, gathering information to provide to external lawyers, were not protected by legal advice privilege. The decision illustrates (a) how difficult it will be for internal fact...more

A&O Shearman

Financial Reporting Council granted access to privileged documents of auditor’s client

A&O Shearman on

The Financial Reporting Council (FRC), the regulatory body for accountants, auditors and actuaries in the UK, was allowed access to privileged material of a client of an auditor under investigation....more

Herbert Smith Freehills Kramer

UK Court of Appeal Extends Privilege in Internal Investigations

Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006....more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including the use of legal holds in cross-border investigations,...more

A&O Shearman

What is "evidence" of a privileged communication?

A&O Shearman on

Legal advice privilege attaches not just to those communications between lawyer and client which have as their purpose the giving or receiving of legal advice, but also extends to material which “evidences” the substance of...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

Moore & Van Allen PLLC on

One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Hogan Lovells

Privilege Overview

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Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

Eversheds Sutherland (US) LLP

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

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