United Kingdom: Privilege

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.

The English High Court has ruled that legal advice privilege can extend to internal communications between members of a client group within an organisation, provided these communications are prepared for the dominant purpose of seeking legal advice.

The decision suggests such directors should not disclose the company's privileged material to their appointing investor unless that is in the company's interests and is expressly authorised.

On 24 July 2025, the Privy Council delivered a landmark decision that fundamentally reshapes the landscape of legal professional privilege in the context of corporate and shareholder disputes.

The Judicial Committee of the Privy Council has delivered its judgment in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and 80 others (No 2) (Bermuda) abolishing the centuries old...

In this 32nd episode of our series of commercial litigation update podcasts, we discuss recent judgments on privilege, litigation funding agreements...

In Jinxin Inc v Aser Media PTE Ltd & Others[1], the High Court of England and Wales determined that directors' personal emails and documents on a company's computer system were confidential...

The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation privilege...

A recent decision by the High Court provides clarity on whether those instructing solicitors benefit from litigation privilege. In Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe)...