Tag Archives: legal privilege

UK: information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege

The High Court has ruled in Glaxo Wellcome UK Ltd v Sandoz Ltd that an in-house lawyer’s communications with an employee of the business, who was accepted to be her in-house “client” for some purposes, were not protected by legal … Continue reading

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

UK: Court of Appeal ruling on scope of protection for internal investigations

The Court of Appeal has handed down its eagerly awaited decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd. The High Court had found that notes of interviews with employees were not protected by … Continue reading

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

UK: No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

The Employment Appeal Tribunal in X v Y Ltd has ruled that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

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

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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

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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.

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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

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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.

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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

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