Legal Professional Privilege is one of those issues that crops up again and again in various guises. It can be particularly tricky for in-house counsel to navigate because their roles often include executive and commercial functions as well as legal ones. The law surrounding privilege is also in something of a state of flux, most notably in the West Ham v E20 Stadium litigation on which we reported late last year.
We have published a quick reference guide on privilege specifically for in-house lawyers. The guide briefly summarises the law on privilege and includes a flowchart to help determine whether or not a particular communication may be withheld from inspection. It also sets out some practical tips on how in-house lawyers can maximise the protection afforded by privilege, including in the context of internal investigations.
View guide here .
If you require further information about anything covered in this briefing, please contact Kate Allass , Jolyon Connell , Lucy Penn or your usual contact at the firm on +44 (0)20 3375 7000.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, November 2019
About the authors
Kate Allass
Partner
Kate is an experienced commercial litigator who advises clients on complex and high value commercial disputes, including High Court litigation and arbitration. She helps her clients to navigate through challenging contentious issues to achieve the best possible outcome. She works closely with her clients – businesses, institutions and private individuals – to provide clarity about the strength of their legal position and to devise a strategy which is focused on taking control and achieving their objectives. She establishes a strong rapport with her clients and is ranked as a leading commercial litigator in both Legal 500 and Chambers & Partners.
Kate is an experienced commercial litigator who advises clients on complex and high value commercial disputes, including High Court litigation and arbitration. She helps her clients to navigate through challenging contentious issues to achieve the best possible outcome. She works closely with her clients – businesses, institutions and private individuals – to provide clarity about the strength of their legal position and to devise a strategy which is focused on taking control and achieving their objectives. She establishes a strong rapport with her clients and is ranked as a leading commercial litigator in both Legal 500 and Chambers & Partners.
Kate's profile page
Email Kate
+44(0)20 3375 7220
Jolyon Connell
Partner
Jolyon advises companies, institutions and individuals on a wide range of complex, high-value commercial disputes. He has particular experience in cases involving financial institutions, investment advisers and investment funds – both international and domestic – as well as disputes concerning digital assets and cryptocurrencies.
Jolyon advises companies, institutions and individuals on a wide range of complex, high-value commercial disputes. He has particular experience in cases involving financial institutions, investment advisers and investment funds – both international and domestic – as well as disputes concerning digital assets and cryptocurrencies.
Jolyon's profile page
Email Jolyon
+44 (0)20 3375 7205
Lucy Billett
Associate
Lucy is an associate in the Disputes team. She acts for both claimants and defendants, and advises on all stages of the litigation process from pre-action through to trial. She assists with settlement options where appropriate in order to achieve the most desirable and commercial outcome for clients. Lucy provides advice on a broad range of contentious matters including civil fraud, contractual disputes and professional negligence. She has a particular interest in disputes regarding intellectual property, outsourcing and technology, and is a member of the firm’s Data, IP and Technology Disputes team. Recent experience includes acting for a software supplier in a dispute over the installation of a compliance management system, and advising a US company in relation to the sale of unlicensed software by an ex-employee. Lucy qualified as a solicitor in 2018.
Lucy is an associate in the Disputes team. She acts for both claimants and defendants, and advises on all stages of the litigation process from pre-action through to trial. She assists with settlement options where appropriate in order to achieve the most desirable and commercial outcome for clients. Lucy provides advice on a broad range of contentious matters including civil fraud, contractual disputes and professional negligence. She has a particular interest in disputes regarding intellectual property, outsourcing and technology, and is a member of the firm’s Data, IP and Technology Disputes team. Recent experience includes acting for a software supplier in a dispute over the installation of a compliance management system, and advising a US company in relation to the sale of unlicensed software by an ex-employee. Lucy qualified as a solicitor in 2018.
Lucy's profile page
Email Lucy
+44 (0)20 3375 7812
