Tag Archives: legal privilege

UK: Employee documents created using employer’s IT systems may not be privileged against the employer

Simpkin v The Berkeley Group Holdings plc highlights the potential benefits for employers of a clear and comprehensive IT policy, referred to in the employment contract and signed by an employee, which provides that emails and documents sent using the … Continue reading

Leave a Comment

Filed under Data protection and privacy, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information)

UK: Privilege – High Court confirms legal advice privilege can include lawyer’s summary of facts

A High Court decision has confirmed that the protection of legal advice privilege is not restricted to actual legal advice. The privilege will protect other information communicated from the lawyer to the client (or vice versa) to enable the lawyer … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: UK

Australia: Employee investigation reports not always privileged

A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and that employers receive advice relating to the maintenance of privilege over documents.

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: Australia

Australia: Employee investigation reports not always privileged

In brief A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and that employers receive advice relating to the maintenance of privilege over documents. In the case … Continue reading

Leave a Comment

Filed under Data protection and privacy, Employment-related claims- procedure and form, Jurisdiction: Australia, Protection of business interests (including restrictive covenants and confidential information), Terms of employment contracts

USA: Whistleblowing – internal investigation documents may not always be privileged

In a controversial decision, US ex rel Harry Barko v. Halliburton Company, et al, a US District Court ordered an employer to disclose documents generated during an internal investigation into a whistleblower’s complaints.

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: The Americas, Whistleblowing

UK: Handy client guide to privilege

Herbert Smith has published a client guide to legal professional privilege under English law, comprising: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege; and Practical tips for … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Resources