In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne.
You can find links to our blogs on the cases covered in this podcast below:
- High Court applies narrow interpretation of “client” for purposes of legal advice privilege https://hsfnotes.com/litigation/2016/12/08/high-court-applies-narrow-interpretation-of-client-for-purposes-of-legal-advice-privilege/
- Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now https://hsfnotes.com/litigation/2018/09/05/court-of-appeal-decision-in-enrc-orthodoxy-restored-on-litigation-privilege-but-narrow-interpretation-of-client-remains-for-now/
- Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege https://hsfnotes.com/litigation/2018/11/07/information-gathering-in-house-lawyer-not-protected-privilege/
- Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector https://hsfnotes.com/bankinglitigation/2020/02/19/impact-of-court-of-appeals-privilege-decision-in-frc-v-sports-direct-for-the-financial-services-sector/
- High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents https://hsfnotes.com/litigation/2020/06/15/high-court-holds-auditor-must-form-its-own-view-on-clients-claim-to-privilege-when-responding-to-its-regulators-notice-to-produce-documents/
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Please also find the Herbert Smith Freehills legal privilege web app. https://www.herbertsmithfreehills.com/latest-thinking/the-herbert-smith-freehills-legal-privilege-web-app
