privilege – Current Awareness

Lucy Bone on Privilege in Internal Investigations- Littleton Chambers

Posted December 12th, 2018 in fraud, news, privilege, subsidiary companies, whistleblowers by sally

‘Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In SFO v ENRC [2018] EWCA Civ 2006, the Court of Appeal has significantly widened the scope of legal professional privilege in the context of an internal company investigation. It will now be easier for the employer to assert privilege over employees’ witness statements and other documents generated in an investigation.’

Littleton Chambers, 26th November 2018

Source: www.littletonchambers.com

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

Posted December 11th, 2018 in disclosure, documents, financial regulation, legal profession, news, privilege, third parties by sally

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

4 New Square, 11th December 2018

Source: www.4newsquare.com

Auction house loses ‘dual purpose’ art litigation privilege case – OUT-LAW.com

Posted December 10th, 2018 in artistic works, auctioneers, counterfeiting, news, privilege by sally

‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’

OUT-LAW.com, 10th December 2018

Source: www.out-law.com

No privilege for “purely commercial discussions” on settlement – Litigation Futures

Posted December 10th, 2018 in electronic mail, news, privilege by sally

‘“Purely commercial discussions” within a business about settling a dispute before litigation has begun are not protected by litigation privilege, the Court of Appeal has ruled.’

Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Letters to art experts not covered by litigation privilege – Litigation Futures

Posted November 27th, 2018 in artistic works, auctioneers, counterfeiting, disclosure, evidence, fiduciary duty, news, privilege, sale of goods by tracey

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by tracey

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

Litigation trends: The Brexit zeitgeist – New Law Journal

Posted November 2nd, 2018 in choice of forum, civil justice, competition, disclosure, dispute resolution, London, news, privilege by sally

‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’

New Law Journal, 1st November 2018

Source: www.newlawjournal.co.uk

SFO will not appeal landmark litigation privilege ruling – OUT-LAW.com

Posted October 5th, 2018 in appeals, bribery, confidentiality, corruption, documents, fraud, Law Society, news, privilege, Serious Fraud Office, Supreme Court by tracey

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

OUT-LAW.com, 3rd October 2018

Source: www.out-law.com

High Court rejects privilege claim in regulator request for documents – OUT-LAW.com

Posted September 18th, 2018 in documents, news, privilege by sally

‘Documents sought by the Financial Reporting Council (FRC) from Sports Direct in connection with an FRC investigation into Sports Direct’s auditor must be handed over, the High Court has ruled.’

OUT-LAW.com, 17th September 2018

Source: www.out-law.com

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Overheard pub talk “showed solicitor’s redundancy was bogus” – Legal Futures

Posted August 10th, 2018 in disability discrimination, electronic mail, news, privilege, redundancy, solicitors by sally

‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’

Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

Family Law, 1st August 2018

Source: www.familylaw.co.uk

Court in tangle after law firm ‘whistleblower’ sends it privileged material – Legal Futures

Posted June 27th, 2018 in divorce, law firms, news, privilege, solicitors, whistleblowers by tracey

‘The president of the Family Division is to be asked what the court should do in the highly unusual case of a ‘whistleblower’ from the solicitors of one party to a divorce sending it legally privileged information.’

Legal Futures, 27th June 2018

Source: www.legalfutures.co.uk

Legal professional privilege under attack again (even Donald Trump thinks so!) – Hardwicke Chambers

Posted June 19th, 2018 in legal profession, news, privilege, solicitors by sally

‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’

Hardwicke Chambers, 25th May 2018

Source: www.hardwicke.co.uk

Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

Family Law, 18th June 2018

Source: www.familylaw.co.uk

ENRC sues Serious Fraud Office over ‘whistleblower failures’ – Law Society’s Gazette

Posted June 14th, 2018 in misfeasance in public office, news, privilege, Serious Fraud Office, whistleblowers by tracey

‘The mining company at the centre of a row over professional privilege has called for an independent inquiry into the Serious Fraud Office (SFO), accusing the office of failing to investigate a whistleblower’s letter.’

Law Society's Gazette, 14th June 2018

Source: www.lawgazette.co.uk

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

OUT-LAW.com, 9th May 2019

Source: www.out-law.com

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