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ARTICLE · 14 DECEMBER 2015

Factual Summaries May Be Privileged Documents According To High Court In UK

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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The scope of legal privilege remains a subject of debate. A court in the UK recently ruled that factual summaries may also be covered by legal privilege.

United KingdomLitigation, Mediation & Arbitration
Roan Lamp
Roan Lamp
Patrick Ploeger
Patrick Ploeger
Geert Potjewijd
Geert Potjewijd
Rick Van ’T Hullenaar
Rick Van ’T Hullenaar
Marnix Somsen
Marnix Somsen
Richard Van Staden Ten Brink
Richard Van Staden Ten Brink
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The scope of legal privilege remains a subject of debate. A court in the UK recently ruled that factual summaries may also be covered by legal privilege. The Court decided that the purpose of the information, rather than its source, is relevant in determining whether it is privileged. This case illustrates the challenge of preserving legal privilege, a challenge that is equally present in the Netherlands. We will closely follow these developments and keep you informed.

"Candid factual briefings" may be covered by legal privilege in the UK, the High Court of Justice of England and Wales ruled on 5 November 2015. The case at hand was brought against The Royal Bank of Scotland (RBS) by the Property Alliance Group Limited (PAG). PAG alleged that it had been induced by RBS to enter into four interest-rate swaps agreements from 2004 through 2008.

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