header-logo header-logo

Home Login E-newsletter About us
19 April 2024 / Christian Tuddenham , André Nwadikwa
Issue: 8067 / Categories: Features , Procedure & practice , Privilege , Human rights , Fraud , Litigation funding
printer mail-detail

Privilege & the iniquity exception

© Copyright LexisNexis 2026. All Rights Reserved.
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

Read All
Sponsored by
London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Copyright © 2026 LexisNexis
back-to-top-scroll