Law Society Gazette on 5th September reported that legal professional privilege (LPP) received an important boost when the Court of Appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings, overturning a High Court ruling that a business under investigation by the SFO should turn over materials prepared for an earlier internal investigation. The court found that advice whose dominant purpose is to avoid legal proceedings, or which is given with a view to settlement, is as much protected by litigation privilege as advice given for the purpose of defending such proceedings. The SFO is understood to be considering an appeal to the Supreme Court.
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