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Clifford Chance

Clifford Chance


Privilege and ENRC: Two things we now know, and two we still don't

6 September 2018

The Court of Appeal has clarified some important and controversial aspects of privilege, in particular that legal proceedings can be reasonably in contemplation at a far earlier stage than the prosecuting authorities might like. But, despite pointing the law in the right direction, the Court of Appeal has left other fundamental issues for the Supreme Court to sort out, most notably who within a corporation is the lawyer's client.

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