Banking Litigation Podcast Episode 31: SPECIAL EDITION - Privilege

In this special edition of our banking litigation podcast, we consider some key issues on the topic of privilege that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by Ceri Morgan, a Professional Support Consultant in our banking litigation team, and guests Claire Nicholas and Benedicte Perowne.

You can find links to our blogs on the cases covered in this podcast below:

• High Court applies narrow interpretation of “client” for purposes of legal advice privilege
• Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now
• Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege
• Impact of Court of Appeal’s privilege decision in Sports Direct v FRC for the financial services sector
• High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents

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