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25 October 2007 / Michael Frisby , Laura Beagrie
Issue: 7294 / Categories: Features , Profession
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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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