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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll