Privilege update: some old problems remain and some new ones emerge

Recording - Originally broadcast: 19 March 2019

It has been a turbulent time in the law of privilege, with a flurry of important decisions in the last six months.

The courts have reinforced some old problems, such as the narrow interpretation of "client" for the purposes of legal advice privilege which has now been confirmed by the Court of Appeal (however reluctantly) in the high-profile ENRC case. They have also created some new problems, with the Court of Appeal in the WH Holding v E20 case denying privilege for internal emails discussing settlement proposals.

Overall, the recent decisions present significant challenges for commercial parties seeking to obtain legal advice or deal with litigation under the protection of privilege.

In this webinar we discussed the recent decisions and considered practical steps commercial parties can take to address the challenges.

If you would like to access the recording please contact us.