Cross-border jurisdictions problematic for privilege

Different concepts of ‘privilege’ can present challenges, but there are a few steps that can bring some predictability, say Colin Passmore and Alexandra Webster

24 Jul 2017

The well-known and much-maligned ruling of the Court of Appeal in Three Rivers District Council v The Governor and Company of the Bank of England (No 5) limits claims to legal advice privilege (LAP) by corporates in England and Wales to confidential communications between their lawyers and individual employees authorised to instruct them, defined for those purposes as the ‘client’.

Employees who fall outside of that typically narrow group are treated as third parties, meaning that any records of their communications with lawyers representing the corporate will generally not be protected by LAP.

This approach ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on