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ARTICLE · 14 FEBRUARY 2024

When Will A Claim To Privilege Be Defeated By Underhand Conduct?

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Court of Appeal provides welcome clarification to the scope of legal professional privilege, including the application of the iniquity exception | Al Sadeq v Dechert LLP & Others [2024] EWCA Civ 28...

United KingdomLitigation, Mediation & Arbitration
Tim Knight
Tim Knight
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Court of Appeal provides welcome clarification to the scope of legal professional privilege, including the application of the iniquity exception | Al Sadeq v Dechert LLP & Others [2024] EWCA Civ 28

Overview

Summary

A recent judgment of the Court of Appeal has clarified four important principles relating to the scope of legal professional privilege.

  • First, the Court clarified the circumstances in which a claim to privilege will be defeated by the so-called 'iniquity exception'. Where there is a prima facie case of iniquity, assessed on the balance of probabilities, there is no privilege in documents brought into existence as part of, or in furtherance of, the iniquity (including documents which report on, or reveal, the iniquity).

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