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18 September 2019 / Georgina Squire
Issue: 7856 / Categories: Opinion , Procedure & practice , Legal services
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Is client confidentiality at risk again?

Lawyers will be keenly watching the latest development in an important dispute over legal professional privilege, says Georgina Squire

Legal professional privilege (LPP) is a key component of the ability of lawyers to advise their clients. It is a fundamental right that enables clients to give full and frank disclosure of confidential information to their lawyers, so that they can receive legal advice secure in the knowledge it will not become disclosable and therefore open to scrutiny at the hands of third parties.

SFO v ENRC

LPP is a principle that, although entrenched in our legal system, has long been a topic of considerable debate. The most important decision on the principle of LPP in recent times came from the Court of Appeal last September, in Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd (Law Society Intervening) [2018] EWCA Civ 2006, [2018] All ER (D) 05 (Sep). This landmark appeal was a defining moment in our understanding of the scope of the LPP principle

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NEWS
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Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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