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Dominant Purpose Test Legal Professional Privilege

Dechert LLP

Once more unto the breach: the FRC, strategic tax advice and litigation privilege

Dechert LLP on

Background and history of proceedings - The background to the latest instalment in the long-running dispute between Sports Direct International (“SDI”) (now renamed Frasers Group plc) and the Financial Reporting Council...more

Latham & Watkins LLP

Court of Appeal: Professional Privilege Must Pass the “Dominant Purpose” Test

Latham & Watkins LLP on

The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the...more

Jones Day

In-House Counsel, the Requirement of Independence and Legal Professional Privilege in Australia

Jones Day on

The Situation: A line of authority, typically associated with Rich v Harrington [2007] FCA 1987, (2007) 245 ALR 106 ("Rich"), has held that for legal professional privilege to be claimed in relation to advice from an in-house...more

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