header-logo header-logo

14 August 2026
Issue: 8174 / Categories: Legal News , Privilege
printer mail-detail

NLJ this week: Inside the privilege circle

257129
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
printer mail-details

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll