A Litigator's Quiz: First Candle of Advent
Legal professional privilege burns bright in the hearts of most disputes lawyers. Does it burn bright enough under English law to light the first Advent candle in 2019?
Q3. In which of these situations can litigation privilege apply?ii. Regulatory investigations
Yes
Incorrect.
The answer is maybe. Criminal investigations and HMRC investigations are likely to be privileged: Serious Fraud Office v ENRC [2018] EWCA Civ 2006; Bilta (UK) Ltd v RBS [2017] EWHC 3535 (Ch) – see here and here for more. Other types of regulatory investigations may not be sufficiently adversarial, particularly at an early stage.
No
Incorrect.
The answer is maybe. Criminal investigations and HMRC investigations are likely to be privileged: Serious Fraud Office v ENRC [2018] EWCA Civ 2006; Bilta (UK) Ltd v RBS [2017] EWHC 3535 (Ch) – see here and here for more. Other types of regulatory investigations may not be sufficiently adversarial, particularly at an early stage.
Maybe
Correct!
It depends. Criminal investigations and HMRC investigations are likely to be privileged: Serious Fraud Office v ENRC [2018] EWCA Civ 2006; Bilta (UK) Ltd v RBS [2017] EWHC 3535 (Ch) – see here and here for more. Other types of regulatory investigations may not be sufficiently adversarial, particularly at an early stage.
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