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Notes of professional privilege

The ramifications of RBS Rights Issue Litigation are troubling to in-house lawyers, explains Emily Detheridge

28 March 2017

The widely reported outcome in RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) has caused understandable consternation among in-house lawyers and external counsel. 

In RBS Rights Issue Litigation, Mr Justice Hildyard considered that the Three Rivers (No5) judgment reconfirmed the differences in English law between legal advice privilege and litigation privilege. He considered the nub of the 
Court of Appeal’s conclusions in Three Rivers (No 5) to be that ‘in a corporate context, information gathered from an employee is no different for these purposes from information obtained from third parties, even if the information is collected by or in order to be shown to a solicitor to enable fully informed advice to be 
given to that solicitor’s client, 
the corporate entity’. 

Taking Three Rivers (No5) 
as binding authority that 
legal advice privilege is 
li...

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