BANKING LITIGATION PODCAST EPISODE 31: SPECIAL EDITION – PRIVILEGE

In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege which will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a professional support consultant in our banking litigation team, who is joined by Claire Nicholas and Benedicte Perowne.

The focus of this special edition is on the thorny issue of who is the "client" for privilege purposes and how this will affect practical matters such as information gathering by the in-house legal team, communications with external lawyers and reporting to the board. We also look at the extent to which regulated firms can rely on privilege when asked to produce documents by their regulator.

Please do get in touch with your usual HSF contact should you wish to organise a privilege training session.

You can also listen on Apple, Spotify, or Soundcloud and find links to our blog posts on the cases covered in this podcast below:

• High Court applies narrow interpretation of “client” for purposes of legal advice privilege
• Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now
• Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege
• Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector
• High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents
• Herbert Smith Freehills legal privilege web app

Please subscribe to the podcast channel here to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.