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ARTICLE · 20 MARCH 2024

A Must-Read On Legal Privilege

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The Court of Appeal judgment in Al Sadeq v Dechert (and others) [2024] EWCA Civ 28 is a must-read for litigators, in-house lawyers and anyone else who may become involved in English litigation, especially following an investigation, for its discussion of legal privilege.

United StatesLitigation, Mediation & Arbitration
Louise Bond
Louise Bond
Martin King
Martin King

The Court of Appeal judgment in Al Sadeq v Dechert (and others) [2024] EWCA Civ 28 is a must-read for litigators, in-house lawyers and anyone else who may become involved in English litigation, especially following an investigation, for its discussion of legal privilege (as well as for the extraordinary facts alleged).

Privilege is a complex area which can easily be misunderstood. Whilst other commentators on this case have concentrated on the extent to which unlawful or underhand conduct can preclude privilege protection (the "iniquity exception"), just as importantly, the judgment sheds light on the scope of privilege under English law, by whom privilege can be asserted, and the challenges to be overcome in contesting it.

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