Access To UK Company Privileged Documents By Former Directors

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents in circumstances in which she was already lawfully aware of the contents. This decision is a reminder that, as a matter of English law, companies cannot necessarily rely on legal professional privilege to withhold documents from former directors. The critical question is whether a communication is confidential as against the individual whom the company seeks to withhold it from. The case is of interest to directors and companies alike as it explores the circumstances in which a company can (and cannot) assert privilege against a former director.