PRIVILEGE AND ENRC: 2 THINGS WE NOW KNOW, AND 2 THINGS WE DO NOT

On 6th September, Clifford Chance published a briefing concerned with the recent Court of Appeal decision in the ENRC case over legal privilege.  It says that the Court has clarified some important and controversial aspects of privilege, in particular that legal proceedings can be reasonably in contemplation at a far earlier stage than the prosecuting authorities might like.  But, despite pointing the law in the right direction, the Court of Appeal has left other fundamental issues for the Supreme Court to sort out, most notably who within a corporation is the lawyer’s client.

https://www.cliffordchance.com/briefings/2018/09/privilege_and_enrctwothingswenowknowan.html

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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