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ARTICLE · 04 MAY 2026

The Application Of Legal Advice Privilege To Intra-Client Documents

Goodwin Procter LLP
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In Aabar Holdings S.à.r.l. & Ors v. Glencore Plc [2026] EWHC 877 (Comm), the Commercial Court has confirmed that legal advice privilege applies to any “intra-client” document that is sent between or created...

United KingdomLitigation, Mediation & Arbitration
Sarah McAtominey
Sarah McAtominey
Josh Angrave
Josh Angrave

In Aabar Holdings S.à.r.l. & Ors v. Glencore Plc [2026] EWHC 877 (Comm), the Commercial Court has confirmed that legal advice privilege applies to any “intra-client” document that is sent between or created by members of the “client group” for the dominant purpose of seeking legal advice.

This judgment is the second important privilege decision in these proceedings following an earlier decision by Mr. Justice Picken1, which confirmed that the so-called shareholder rule (i.e., that a company cannot claim privilege against its own shareholders, save for documents that came into existence in connection with hostile litigation between the company and shareholder) does not exist under English law.

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