Privilege

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  • FRC v Sports Direct: An extension to the “technical” abrogations of privilege

    Blog Post

    Submitted: 07 June 2019

    There are very few instances where statutory powers interfere with a client’s entitlement to assert privilege. One concerning exception is so-called “technical” abrogations, which are beginning to spread.

  • Litigation privilege post ENRC - part 2

    Blog Post

    Submitted: 04 December 2018

    This blog post examines the second of two recent post ENRC decisions on litigation privilege.

  • Litigation privilege post ENRC - part 1

    Blog Post

    Submitted: 04 December 2018

    This blog post examines the first of two recent post ENRC decisions on litigation privilege.

  • What does SFO v ENRC mean for Deferred Prosecution Agreements?

    Blog Post

    Submitted: 21 November 2018

    Now the fuss over the decision in SFO v ENRC decision has died down, it is worth focussing on comments the Court of Appeal made about the interplay between privilege and Deferred Prosecution Agreements (DPAs).

  • Webinar: Legal Professional Privilege

    Webinar

    Submitted: 20 September 2018

    Director of the SFO V Eurasian Natural Resources Corporation Limited: the Court of Appeal judgment.

  • Court of Appeal endorses ENRC on when criminal proceedings are in contemplation

    Article

    Last Reviewed: 19 September 2018 / Submitted: 20 February 2018

    The Criminal Court of Appeal considered a claim for litigation privilege over documents generated when matters were still at an investigatory stage, agreeing with the analysis in ENRC as to when a criminal prosecution can be said to be in reasonable contemplation.

  • Another damaging decision on interview notes and waiver vis a vis the SFO

    Blog Post

    Last Reviewed: 19 September 2018 / Submitted: 01 May 2018

    The Divisional Court has added support to the proposition that litigation privilege is not available in a criminal context until the prosecution authorities have decided actually to prosecute.

  • ENRC - Where does it really leave us?

    Article

    Submitted: 18 September 2018

    Celebrated as a big win for legal professional privilege, what difference will the Court of Appeal decision in Director of the SFO v ENRC make in practice?

  • Passmore on Privilege Restricted access

    Article

    Last Reviewed: 23 August 2018 / Submitted: 28 January 2014

    Our dedicated privilege microsite, Passmore on Privilege, is a user friendly guide to the key principles of legal professional privilege.

  • The crime-fraud exception to privilege

    Blog Post

    Submitted: 21 August 2018

    This post looks at a recent decision which highlights concerns that the threshold required to be reached to invoke the exception is being weakened.

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