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  • Webinar: Legal Professional Privilege


    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


    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?


    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


    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.

  • Privilege


    Submitted: 12 March 2018

  • Conduct of claims clauses and privilege


    Submitted: 05 March 2018

    ​A recent High Court judgments suggests that a party controlling litigation pursuant to a "conduct of claims" clause in an SPA cannot benefit from litigation privilege.​

  • Common interest privilege

    Blog Post

    Submitted: 01 March 2018

    This blog post considers the common interest privilege issues arising out of the judgment of Andrew Smith J in Accident Exchange Ltd & Anor v McLean & Ors.

  • Litigation privilege upheld in tax investigation case


    Submitted: 08 February 2018

    ​In Bilta v RBS the court held that notes of interviews made in the course of an investigation were covered by litigation privilege. How did this case differ from SFO v ENRC?

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