Privilege & the iniquity exception

• Covers the case of Al-Sadeq v Dechert LLP, concerning legal professional privilege.
• Explains what must be established to rely on the iniquity exception.
• Notes that non-parties such as victims of crime and commercial litigation funders may be able to rely on litigation privilege.
• Investigative work carried out by lawyers will generally engage legal advice privilege.
• Corporate entities seeking to invoke litigation privilege are not subject to the narrow definition of ‘client’ set out in Three Rivers (No 5) that applies in the case of legal advice privilege.

Against the backdrop of alleged human rights violations in the Emirate of Ras Al Khaimah, the Court of Appeal decision of Al Sadeq v Dechert LLP and others [2024] EWCA Civ 28, [2024] All ER (D) 102 (Jan) considered the scope of several important principles of legal professional privilege. The decision provides clarity on the scope of the rule that legal professional privilege cannot