UK: High Court confirms narrow test for “iniquity exception” to legal professional privilege (LPP)

On 16 March, Travers Smith LLP published an article saying that the High Court has confirmed the narrow scope of the “iniquity exception” to legal professional privilege in a fraud claim brought by a London law firm against a former client.  The firm sought to rely on privileged communications and confidential information in its evidence.  The Court held that the firm could not rely on the iniquity exception and rejected an argument that a client owes its solicitor a duty of good faith.  The iniquity exception prevents a party from asserting privilege in relation to documents brought into existence for the purpose of furthering a crime or fraud.

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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