Legal privilege in fraud claims – some useful clarifications

24 April, 2023
A recent High Court decision regarding legal professional privilege has addressed a number of issues that may have particular relevance in fraud claims: Al Sadeq v Dechert LLP [2023] EWHC 795 (KB). The proceedings involved allegations of serious wrongdoing against the claimant by an international law firm in the course of the firm’s work on an … Read more

High Court applies the iniquity exception to privilege

28 December, 2022
The High Court has held that documents obtained pursuant to a search order were not protected by privilege as the iniquity exception applied: Lakatamia Shipping Company Limited and other v Nobu Su and others [2022] EWHC 3115. Under that principle, privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

When will fraud trigger the iniquity exception to privilege?

12 August, 2022
A recent Court of Appeal decision adds to the case law on an issue that is often raised in fraud actions: whether the fraud element prevents the defendant from relying on legal privilege because of the “iniquity exception” – that privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

High Court admits evidence of ‘without prejudice’ discussions to prove threat of dissipation of assets

22 May, 2020
The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more