On 13th November, Reed Smith published an article saying that the recent ENRC case has moved the law of legal professional privilege (LPP) in a realistic and commercial direction, whilst also leaving the door open to an appeal to the Supreme Court. Reviewing the case, the article concludes that challenges to LPP will not disappear and so the issue of privilege remains an important one. The principled justification for LPP is to promote the frank exchange of information with lawyers and so the decision is to be welcomed. It says that privilege now clearly applies in circumstances where there is a genuine concern about future prosecution and there is no longer any artificial distinction between civil and criminal proceedings.
https://www.reedsmith.com/en/perspectives/2018/11/accountancy-forum-edition-3
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