Privilege

Latest

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  • Privilege and corporate clients: the wait goes on

    Article

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    The appeal in the RBS Rights Issue Litigation is withdrawn, meaning the wait for a challenge to the narrow interpretation of legal privilege within companies continues.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

    Article

    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”.

  • Legal professional privilege - the RBS Rights Issue Litigation Restricted access

    Conference Call

    Submitted: 09 January 2017

    This session examines the consequences of the decision in the RBS Rights Issue Litigation on the unavailability of legal advice privilege (LAP) in relation to the conduct of interviews in the course of an internal investigation.

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

    Article

    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

    Article

    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.

  • Interview notes privilege and civil litigation

    Blog Post

    Submitted: 08 December 2016

    The question of whether lawyers’ notes of interviews with company employees in the course of an investigation are privileged has been a hot topic recently

  • A company's legal function and the Senior Managers Regime

    Conference Call

    Submitted: 22 November 2016

    We discuss the issues raised in the FCA's Discussion Paper about how those heading up the legal function in firms should be treated under Senior Managers and Certification Regime.

  • Privilege and SFO investigations

    Article

    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

    Article

    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

    Article

    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.

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