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ARTICLE · 08 MARCH 2019

Appeal Court Upholds Privilege

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Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.

United KingdomLitigation, Mediation & Arbitration

Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.

Key points

  • The Court of Appeal in overturning a High Court decision has clarified the scope of legal professional privilege
  • It is in the public interest that organisations can investigate criminal allegations prior to going to a prosecutor without losing the protection of privilege
  • The distinction made by the High Court judge between civil and criminal proceedings for the purposes of litigation privilege was illusory
  • Legal advice given to 'head off, avoid or even settle' reasonably contemplated proceedings is as much protected by privilege as that given to defend such proceedings

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