United Kingdom: Litigation, Mediation & Arbitration

The English High Court has issued a landmark ruling that legal advice privilege can now extend to internal corporate communications between members of a "client group," even when no lawyer is party to the exchange. This expansion of privilege doctrine has significant implications for businesses conducting internal investigations, managing regulatory inquiries, and preparing for potential disputes.

The Privy Council has delivered a landmark judgment clarifying the role of fiduciary protectors in trust structures, determining that protectors with consent powers have broad discretionary authority rather than a narrow oversight function. This decision has profound implications for trust administration, potentially requiring protectors to undertake the same rigorous decision-making process as trustees themselves, raising questions about cost, practicality, and the risk of deadlock in trust governance.

The two cases of Thomas Barnes & Sons Plc (“TBS”) v Blackburn with Darwen Borough Council (“the Council”) concern the construction of the Blackburn bus station, a project marked by delays, cost overruns...