header-logo header-logo

Privilege & the iniquity exception

168685
Christian Tuddenham & André Nwadikwa consider the boundaries of legal confidentiality & disclosure
  • 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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
back-to-top-scroll