English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation -
In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more
The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials.
The English Court of Appeal (Criminal Division) has ruled that...more
The decision indicates that company counsel should consider early how best to anticipate challenges to privilege claims over investigation materials.
Introduction -
A recent English High Court decision has important...more
The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of...more
Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
7 steps companies can take to maximize privilege protections under US and English law.
Key Points:
..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more
Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more