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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll