United Kingdom: Privilege

This podcast episode explores recent developments in commercial litigation, including a High Court decision on privilege and company directors, new ADR resources, and significant contract law rulings on termination damages and force majeure clauses. The discussion features insights from disputes partners and knowledge counsel on these evolving legal principles.

The High Court has ruled that the Solicitors Regulation Authority cannot compel law firms to produce documents protected by legal professional privilege during regulatory investigations without client consent. This landmark decision challenges the SRA's longstanding enforcement strategy and raises critical questions about how effectively the regulator can investigate misconduct complaints, particularly from third parties, when clients refuse to waive privilege.

A recent High Court decision has confirmed that the Solicitors Regulation Authority cannot compel law firms to produce documents protected by legal professional privilege, even during regulatory investigations. The ruling addresses a fundamental tension between the regulator's investigatory powers and one of English law's most fiercely guarded protections, with significant implications for how solicitors respond to statutory notices.

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

In a dispute between a company and its former director regarding repayment of a loan, the High Court has held that the company could not withhold its privileged legal advice...

Corporates that are subject to investigations increasingly face civil litigation based on the same or similar issues under investigation.

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).

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

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...