The iniquity ‘exception’ to Legal Professional Privilege (Al Sadeq v Dechert LLP) – Gatehouse Chambers

Posted March 14th, 2024 in chambers articles, fraud, legal profession, news, privilege by sally

‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’

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Gatehouse Chambers, 4th February 2024