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.
