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

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll