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14 August 2026
Issue: 8174 / Categories: Legal News , Privilege
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NLJ this week: Inside the privilege circle

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A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations

Abdulali Jiwaji unpacks Aabar SÀRL v Glencore, which considers the longstanding Three Rivers (No 5) principle limiting the “client” to employees authorised to seek and receive legal advice.

Glencore distinguishes communications involving those outside that group from documents and communications generated within the authorised client group itself. The court found no authority preventing privilege from covering intra-client communications created for the dominant purpose of obtaining legal advice. This could include internal working notes prepared ahead of lawyer meetings or exchanges between client-group members identifying facts to be communicated to lawyers.

Jiwaji cautions, however, that disciplined privilege practices remain essential: corporate communications should be focused, distribution groups narrow and clearly defined, and large mixed legal/commercial email chains avoided.

Ultimately, privilege continues to depend on whether seeking or receiving legal advice is the communication’s dominant purpose. 

Issue: 8174 / Categories: Legal News , Privilege
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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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