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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
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
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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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