United Kingdom: Privilege

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End Of An Era: The Death Of The Shareholder Rule

On 24 July 2025, the Privy Council delivered a landmark decision that fundamentally reshapes the landscape of legal professional privilege in the context of corporate and shareholder disputes.

United Kingdom Commercial

GC

Gatehouse Chambers

The Emperor Never Had Any Clothes: The Privy Council Abandons The Shareholder Rule

The Judicial Committee of the Privy Council has delivered its judgment in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and 80 others (No 2) (Bermuda) abolishing the centuries old...

United Kingdom Commercial

M

Macfarlanes LLP

Commercial Litigation Podcast Series – Episode 32: General Update (Podcast)

In this 32nd episode of our series of commercial litigation update podcasts, we discuss recent judgments on privilege, litigation funding agreements...

United Kingdom Commercial

KL

Herbert Smith Freehills Kramer LLP

Corporate Energy Transition Team Advises The Founders Of Island Green Power On The Sale Of Their Remaining Interest To Macquarie Asset Management

Our Corporate Energy Transition team has advised the founders of Island Green Power, a UK-based renewable energy developer focused on utility-scale solar and battery energy storage system (BESS) projects...

United Kingdom Energy

GW

Gowling WLG

Need To Know: Information Notices And Privilege

United Kingdom Tax

M

Macfarlanes LLP

Shareholder Privileges: Is The Relationship Between Shareholder And Company As Closely Aligned As It Once Was?

United Kingdom Commercial

Sa

Shepherd and Wedderburn LLP

Privilege In Corporate Disputes: There Is No "Shareholder Rule"

United Kingdom Commercial

M

Macfarlanes LLP

Shareholder Rule's KO! Companies Can Claim Privilege Against Shareholders

United Kingdom Commercial

GW

Gowling WLG

Reforming Carried Interest

United Kingdom Tax

M

Macfarlanes LLP

The Space: Leadership And Law - Episode Six (Podcast)

United Kingdom Law Practice

GW

Gowling WLG

When Are Redactions Reasonable?

European Union Commercial

CL

Cooley LLP

Commercial Litigation Round-Up – August 2023

United Kingdom Commercial

NR

Norton Rose Fulbright

The University Of Dundee v Chakraborty: Internal Investigations And Privilege

United Kingdom Commercial

TS

Travers Smith LLP

Look A Mile Beyond Your Business

United Kingdom Commercial

G

Gunnercooke

In Conversation… Geopolitical Disruption And The Future Of Work, What Does This Mean For Employers? (Podcast)

United Kingdom Employment

LS

Lewis Silkin

The NHS And AI Scribes

United Kingdom Privacy

SW

Spencer West

IHT Instalment Options

United Kingdom Family

WS

Wrigleys Solicitors

When Boundaries Are Crossed: Neighbour Disputes – A Legal Perspective (Podcast)

United Kingdom Litigation

GC

Gatehouse Chambers

HR Briefing - July 2025

United Kingdom Employment

M

Macfarlanes LLP

FRC 3-Year Plan: What It Means For Supervisory Intervention And Enforcement

In March 2023, the FRC published the 23-26 Plan which re-prioritises work to reflect the delay in the anticipated legislation to create the Audit, Reporting and Governance Authority (ARGA).

United Kingdom Accounting

NR

Norton Rose Fulbright

Commercial Litigation Podcast Series – Episode 19: General Update

In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation...

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Litigation Privilege Not Restricted To Parties To Litigation, And Other Helpful Points Regarding Privilege

The High Court has clarified a number of points relating to legal professional privilege in a recent decision in which it dismissed a claimant's challenges to a defendant law firm's assertion...

United Kingdom Commercial

HS

Herbert Smith Freehills Kramer LLP

Privy Council On Without Prejudice Privilege

The recent Privy Council1 case of A&A Mechanical Contractors and Company Ltd v Petroleum Company of Trinidad and Tobago (Trinidad and Tobago)2 provides guidance on without prejudice privilege.

United Kingdom Litigation

FE

Fenwick Elliott LLP

Supreme Court Punts On Attorney-Client Privilege Question

United Kingdom Tax

MW

McDermott Will & Emery

Privilege: Privacy And Confidentiality Are Not To Be Equated

United Kingdom Litigation

CL

Cooley LLP

Court Of Appeal Confirms Identity Of Those Instructing Lawyers Not Generally Protected By Litigation Privilege

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Can The Identity Of Those Instructing Lawyers Be Protected By Litigation Privilege?

United Kingdom Commercial

NR

Norton Rose Fulbright

Webinar: Recent Global Private Capital Developments From A Channel Islands Perspective

Worldwide Wealth Mgt

M

Mourant

Hunt V Annolight Ltd & Ors [2021] EWCA Civ 1663 (10 November 2021) 21 October 2021

United Kingdom Litigation

GC

Gatehouse Chambers

Choose Your Words Wisely: Waiving Privilege In Witness Evidence

United Kingdom Commercial

RP

Reynolds Porter Chamberlain

A Client Guide - The Key Principles For Pensions Trustees And Employers

United Kingdom Employment

GW

Gowling WLG

Implications Of The Commercial Court's Recent Ruling On The Application Of Legal Advice Privilege

United Kingdom Commercial

CF

Cleaver Fulton Rankin

Privilege – Chapter From The Little Green Book Of Dispute Resolution

United Kingdom Litigation

WM

Walker Morris

Choose Your Words Wisely: Waiving Privilege In Witness Evidence

Scipharm, a pharmaceutical company, and Moorfields, an NHS hospital trust, were parties to a pharmaceutical development agreement.

United Kingdom Commercial

RP

Reynolds Porter Chamberlain

A Client Guide - The Key Principles For Pensions Trustees And Employers

The law of privilege gives someone the comfort of knowing they can keep certain documents confidential and not have to provide them to third parties.

United Kingdom Employment

GW

Gowling WLG

Implications Of The Commercial Court's Recent Ruling On The Application Of Legal Advice Privilege

In jurisdictions across the UK, parties can claim legal advice privilege to prevent communications with their lawyer from being disclosed to third parties.

United Kingdom Commercial

CF

Cleaver Fulton Rankin

Privilege – Chapter From The Little Green Book Of Dispute Resolution

A lack of understanding and a loss of privilege, however, can prove fatal to a case.

United Kingdom Litigation

WM

Walker Morris

Function Over Formal Qualifications: Legal Advice Privilege Upheld For In-house Lawyers In Foreign Jurisdictions

United Kingdom Commercial

CC

Clyde & Co

Maintaining Legal Advice Privilege In England And Wales: Don't Let Bad Habits Creep Into ‘New Normal'

Businesses' ability to adapt to the "new normal" of remote working in the UK has been astonishing and commendable.

United Kingdom Litigation

CL

Cooley LLP

Litigation Privilege: When Is A Document "deployed" In A Witness Statement?

Referring to privileged material in the context of litigation, whether in open correspondence, statements of case, witness statements, or otherwise, is always beset with risk; ...

United Kingdom Litigation

MB

Mayer Brown

When In Doubt Keep It Out? When Is It Safe To Refer To Privileged Documents?

In granting the appeal in this recent case, the High Court has provided an important reminder of the principles involved when determining whether legal professional privilege will have been lost...

United Kingdom Commercial

CC

Clyde & Co

UK Court Of Appeal Finds That Privilege Affords Protection Against Regulators' Requests For Documents Unless Overriden By Statute

The decision has broad implications for the ambit of privilege during regulatory investigations.

United Kingdom Commercial

CG

Cleary Gottlieb Steen & Hamilton LLP

English Court Of Appeal Clarifies The Scope Of Legal Advice Privilege

United Kingdom Litigation

AG

Akin Gump Strauss Hauer & Feld LLP

Court Clarifies When Confidentiality And Privilege Can Be Lost Over A Document Referred To In Open Court

United Kingdom Litigation

DP

DLA Piper UK LLP

Privilege - Court Of Appeal Restricts Ambit Of Legal Advice Privilege

United Kingdom Commercial

GW

Gowling WLG

Royal Mail Stamped A First Class Penalty – Advice From Economic Advisers Is Not Privileged

United Kingdom Anti-trust

Sa

Shepherd and Wedderburn LLP

Legal Advice Privilege – Where We Are Now?

United Kingdom Employment

CC

Clyde & Co

Once Privileged Always Privileged? English Court Of Appeal Rules That Documents Remain Privileged Even After Company Is Dissolved

United Kingdom Commercial

MB

Mayer Brown

Court Of Appeal Confirms "Once Privileged, Always Privileged" Unless Privileged Is Waived – Even If There Is No Longer Anyone Who Can Assert The Privilege

United Kingdom Commercial

HS

Herbert Smith Freehills Kramer LLP

Court Of Appeal Confirms Privilege Never Dies

United Kingdom Litigation

CC

Clyde & Co

UK Serious Fraud Office Publishes Corporate Co-Operation Guidance

United Kingdom Criminal

CG

Cleary Gottlieb Steen & Hamilton LLP

The UK Serious Fraud Office's Latest Guidance On Corporate Co-Operation – Great Expectations Fulfilled Or Left Asking For More?

United Kingdom Criminal

GD

Gibson, Dunn & Crutcher

A Year Of Privilege

United Kingdom Commercial

CC

Clyde & Co

SFO Issues Guidance On Corporate Co-Operation

United Kingdom Commercial

D

Dentons

The UK's Serious Fraud Office Issues Guidance For Corporate Cooperation

United Kingdom Criminal

MF

Morrison & Foerster LLP

The Basics: Does Legal Professional Privilege Apply To All Communications With Or Through A Solicitor?

United Kingdom Commercial

GW

Gowling WLG

The Director Of The Serious Fraud Office v Eurasian Natural Resources Corporation Limited

United Kingdom Criminal

GD

Gibson, Dunn & Crutcher

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