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ARTICLE · 07 MAY 2026

English High Court Rules Intra-Client Documents Can Attract Privilege

Mayer Brown
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The English High Court has issued a landmark ruling that legal advice privilege can now extend to internal corporate communications between members of a "client group," even when no lawyer is party to the exchange. This expansion of privilege doctrine has significant implications for businesses conducting internal investigations, managing regulatory inquiries, and preparing for potential disputes.

United KingdomLitigation, Mediation & Arbitration
Hormis Kallarackel
Hormis Kallarackel
Airlie Goodman
Airlie Goodman
Ian McDonald
Ian McDonald
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Introduction

It appears that legal advice privilege ("LAP") under English law may be on the move. The English High Court recently ruled1 that LAP can attach to internal communications between members of a corporate "client group" - so-called "intra-client documents" - even where no lawyer is a party to the communication, provided the documents were created with the dominant purpose of seeking legal advice.

Although subject to appeal, this is an important expansion to the existing doctrine. The judgment is of direct relevance to businesses engaged in internal and regulatory investigations, white-collar proceedings which are not yet adversarial prosecutions, and nascent disputes where litigation is not yet in contemplation. In these circumstances, the ability to communicate internally under the protection of privilege is of critical importance.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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