November 3, 2020

Case Law Update Legal Professional Privilege


In several recent judgments in cases centering on complex commercial and regulatory disputes, the High Court has grappled with a number of important aspects of legal professional privilege under English law. Certain of these decisions, and their implications for parties to such disputes, are highlighted below.

Litigation privilege: sole or dominant purpose
In the latest judgment in the long-running disclosure dispute between Frasers Group plc (formerly Sports Direct International plc) (“SDI”) and the Financial Reporting Council Ltd (the “FRC”), the High Court has considered the requirement for a communication to be made for the sole or dominant purpose of conducting litigation in order for litigation privilege to apply.

For the full Case Law Update Legal Professional Privilege client alert click here.