United Kingdom: Litigation, Mediation & Arbitration

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Upper Tribunal Finds Privilege Applied To Whether Boris Johnson Sought Legal Advice On The Lawfulness Of The Covid-19 Lockdown
The Upper Tribunal has ruled that the Cabinet Office could refuse to confirm or deny whether Boris Johnson sought legal advice on the lawfulness of the March 2020 Covid-19 lockdown, finding that such confirmation would itself reveal privileged information. This decision clarifies an important boundary in legal advice privilege: while the mere fact of obtaining legal advice is not privileged, seeking advice on a sufficiently specific topic can attract privilege protection.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
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Article
Upper Tribunal Finds Privilege Applied To Whether Boris Johnson Sought Legal Advice On The Lawfulness Of The Covid-19 Lockdown
The Upper Tribunal has ruled that the Cabinet Office could refuse to confirm or deny whether Boris Johnson sought legal advice on the lawfulness of the March 2020 Covid-19 lockdown, finding that such confirmation would itself reveal privileged information. This decision clarifies an important boundary in legal advice privilege: while the mere fact of obtaining legal advice is not privileged, seeking advice on a sufficiently specific topic can attract privilege protection.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
See more

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Article
Upper Tribunal Finds Privilege Applied To Whether Boris Johnson Sought Legal Advice On The Lawfulness Of The Covid-19 Lockdown
The Upper Tribunal has ruled that the Cabinet Office could refuse to confirm or deny whether Boris Johnson sought legal advice on the lawfulness of the March 2020 Covid-19 lockdown, finding that such confirmation would itself reveal privileged information. This decision clarifies an important boundary in legal advice privilege: while the mere fact of obtaining legal advice is not privileged, seeking advice on a sufficiently specific topic can attract privilege protection.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
See more

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