Clifford Chance
Legal advice privilege upheld in regulatory investigations
10 November 2015
In an important judgment on legal advice privilege under English law in relation to regulatory investigations, the High Court has held that communications between lawyer and client are privileged not only when the lawyer is advising on the client’s rights and obligations but also when the lawyer is assisting the client in dealing with and co-ordinating responses and other communications to regulators. The judgment highlights the important role played by specialist lawyers in complex, multi-jurisdictional regulatory investigations, and the public policy rationale for protecting the privilege of their communications with clients.
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