Bilta v RBS: Clarity On The Ambit Of Litigation Privilege?

As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship. There are two main types of privilege. Legal advice privilege protects communications between a client and lawyer for the purpose of giving advice and taking instructions. Litigation privilege subsists in documents which have been produced in circumstances where litigation is in progress or contemplation and for the sole or dominant purpose of seeking or giving advice in such proceedings.

A number of recent cases have addressed litigation privilege and its parameters however the exact scope has remained somewhat unclear, particularly in the context of internal investigations. The recent case of Bilta (UK) Limited (in liquidation) v Royal Bank of Scotland PLC [2017] EWHC 3535 (Ch) has helped to clarify some of this uncertainty.