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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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