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Without Prejudice Privilege May Apply to Communications with Regulator

April 2016 - Litigation & Dispute Resolution. Legal Developments by Drew & Napier LLC .

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Without Prejudice Privilege May Apply to Communications with Regulator

7 Mar 2016

In the recent case of Property Alliance Group Ltd v Royal Bank of Scotland plc [2016] 1 WLR 361, the High Court of England (Chancery Division) confirmed for the first time that without prejudice privilege, which is usually applied in the context of civil litigation, may apply to communications with a regulator.

The case also provides guidance to financial institutions on how privilege may be maintained over documents and communications exchanged in the context of regulatory investigations.

 

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