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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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