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Clifford Chance

Clifford Chance


Litigation privilege: England and Hong Kong a step further apart

15 June 2017

Following an earlier decision which took an unhelpfully restrictive view on legal
advice privilege, the English High Court has recently applied a similarly strict
approach to litigation privilege for entities under regulatory or criminal
investigation. If the English approach is followed in
Hong Kong, there would be serious constraints on
the extent to which fact gathering for the purposes of
any internal investigation can be carried out under
the cloak of litigation privilege.

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