In a recent judgment in A v B and The Financial Reporting Council, the English High Court addressed the question of who, in the context of responding to a statutory disclosure notice from a regulatory authority, should assess whether documents are privileged and can therefore be withheld from disclosure. Is it the regulated entity required to respond to the statutory notice, or its client to whom the documents in question (and privilege) belonged?
Click here to read the full client alert: Case Law Update: Legal Professional Privilege in a Regulatory Context – Who Decides?
