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  • Privilege and corporate clients: the wait goes on


    Submitted: 03 February 2017

    The appeal in the RBS Rights Issue Litigation is withdrawn, meaning the wait for a challenge to the narrow interpretation of legal privilege within companies continues.

  • Legal professional privilege: who is the “client”?


    Submitted: 23 January 2017

    Following our article and conference call on The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch), we now consider in more detail Hildyard J’s suggestion that in a corporate context only those who constitute part of the “directing mind and will” of a corporation can be treated for the purpose of legal advice privilege as being, or being a qualifying emanation of, the “client”.

  • Crime, fraud and investigations in 2017: Guidance on privilege


    Last Reviewed: 03 March 2017 / Submitted: 05 January 2017

    2017 could see the most important decision on privilege in a decade and will see new guidance from the law society on privilege in internal investigations.

  • Interview notes, privilege and civil litigation


    Submitted: 08 December 2016

    Whether lawyers’ notes of interviews with company employees in the course of an investigation are privileged is a hot topic in the criminal sphere. The issue also arises in civil litigation, as the recent rulings in Astex Therapeutics Ltd v AstraZeneca AB demonstrate.

  • Privilege and SFO investigations


    Submitted: 18 November 2016

    ​This article considers the impact of the SFO’s changing approach to legal professional privilege and whether it is compatible with the client’s absolute right to privilege.

  • FCA discussion paper on Senior Managers and Certification Regime Restricted access


    Last Reviewed: 11 January 2017 / Submitted: 06 October 2016

    The FCA has published a discussion paper about how those heading up the legal function in firms should be treated under the Senior Managers and Certification regime.

  • The Law Society’s new draft guidance on privilege


    Submitted: 08 September 2016

    The draft guidance is part of Law Society's response to the growing threats posed to privilege. It is designed to remind the profession of the circumstances in which privilege is available and the importance of the need to assert it when it is proper to do so.

  • Investigatory Powers Bill - an update


    Submitted: 30 June 2016

    Recent developments in Parliament indicate that the profession's concerns over the threat posed by the Bill to legal professional privilege are being taken seriously.

  • How absolute is the right to confidential communications with a lawyer?


    Submitted: 22 June 2016

    Colin Passmore considers this and whether human rights law can infringe upon the absolute right to privilege questions.

  • PAG v RBS: Appeal of privilege waiver decision not to go ahead


    Submitted: 05 May 2016

    A potentially important appeal will no longer go ahead, leaving a possible pitfall for regulated firms facing litigation following investigation by the Financial Conduct Authority.

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