header-logo header-logo

25 October 2007 / Michael Frisby , Laura Beagrie
Issue: 7294 / Categories: Features , Profession
printer mail-detail

Between ourselves

Post Akzo, Michael Frisby and Laura Beagrie consider the disclosure status of in-house counsel

Despite the growth in the use and status of in-house lawyers (IHLs) since 1982 and the increased regulatory burden on companies in the competition sphere, companies must disclose communications with their IHLs in competition investigations where they would not have to if the counsel they used was external.

This position was reinforced in September in Akzo Nobel Chemicals Ltd and another v European Commission (Cases T-125/03 and T-253/03), [2007] All ER (D) 97 (Sep) when the European Court of First Instance (CFI) refused to reconsider a 1982 judgment and allow legal professional privilege to attach to communications with in-house lawyers (IHLs) in the context of EU competition investigations.

Most commentators had expected the CFI to extend legal professional privilege (LPP) to IHLs, as the president of the CFI had hinted in an earlier interlocutory hearing that perhaps the time had come in EC law to consider broadening LPP to include communications between a company and its IHL.

Refusal to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll