Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation privilege: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) [2022] EWCA Civ 1484. The court rejected the notion that litigation privilege protects all information falling within a “zone of … Read more


In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege which will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a professional support consultant in our banking litigation team, who is joined by Claire Nicholas and … Read more

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and associated documents) originally withheld from disclosure on the grounds of litigation privilege, as well as to disclose certain categories of documents on a Model E or “train of enquiry” basis and … Read more

Supreme Court judgment in KBR v SFO appeal: detailed briefing published

As reported in our previous blog post, the Supreme Court has handed down judgment in a keenly anticipated case concerning the scope of extraterritorial application of the SFO’s document compulsion powers under section 2(3) of the Criminal Justice Act 1987 (CJA): R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] … Read more