Tag Archives: Legal advice privilege

A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule

The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection, as it was obvious that the passages had been inadvertently disclosed, and that there was no question … Continue reading

Leave a Comment

Filed under Privilege

Court of Appeal finds that factual information received by solicitor in course of acting for client was not privileged

In a recent decision, the Court of Appeal held that a solicitor could not object on grounds of privilege to giving evidence, where the questions related to factual information received by the solicitor from third parties in the course of … Continue reading

Leave a Comment

Filed under Privilege

High Court finds privilege applies to documents from which the substance of legal advice can be inferred

In a recent decision, the High Court has considered the question of when a document will be privileged on the basis that it “evidences” a privileged communication and has taken a more liberal approach than previous case law suggested: In the matter … Continue reading

Leave a Comment

Filed under Privilege

High Court decision takes restrictive approach to both litigation privilege and legal advice privilege

A High Court decision earlier this week has applied a strict approach to litigation privilege in the context of criminal proceedings, finding that litigation was not in reasonable contemplation (so the first limb of the test for litigation privilege was not … Continue reading

3 Comments

Filed under Privilege

No appeal against controversial decision in RBS case applying narrow interpretation of “client” for purposes of legal advice privilege

In a widely publicised decision last December arising out of the RBS Rights Issue Litigation (reported here), the High Court found that interviews conducted by a bank's solicitors with its employees were not covered by legal advice privilege as the … Continue reading

Leave a Comment

Filed under Privilege

High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

1 Comment

Filed under Choice of law, Disclosure, Privilege

Article published on common interest privilege

Common interest privilege allows communications or documents that are already privileged to be shared with others who have a common interest in their subject matter without losing privilege. The practical significance of this concept is greatly reduced as a result … Continue reading

Leave a Comment

Filed under Announcements, Privilege

High Court confirms legal advice privilege can include lawyer’s summary of facts

In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to produce to the court for inspection: Property Alliance Group Limited v The Royal Bank … Continue reading

Leave a Comment

Filed under Privilege

Article published on maximising privilege protection for internal investigations under US and English law

When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which materials produced in connection with the investigation are protected by privilege. If privilege is protected from the outset, the company … Continue reading

Leave a Comment

Filed under Announcements, Privilege

Article published on legal advice privilege

A recent Hong Kong Court of Appeal judgment has rejected the narrow approach to legal advice privilege established by the English Court of Appeal in Three Rivers No 5 and adopted a broader “dominant purpose” test more akin to the test that … Continue reading

Leave a Comment

Filed under Announcements, Privilege