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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll