Oulton: privilege under scrutiny

The scope and circumstances in which legal privilege applies to advice is becoming increasingly narrowly defined and accountants need to be aware of potential risks, warn Mayer Brown partner Jim Oulton and solicitor Zahra-Rose Khawaja

There have been a number of recent decisions by which parties involved in litigation have been reminded of the limitations on the circumstances in which legal advice and litigation privilege can be claimed and of the narrow ambit of legal advice privilege.

In the recent decision in Re Edwardian Group Ltd, Estera Trust (Jersey) Ltd and another v Jasminder Singh and others [2017] EWHC 2805 (Ch), the High Court considered an application for disclosure of litigation funding documents which had been disclosed but heavily redacted on the grounds of privilege.

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