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Has Legal Advice Privilege been eroded in corporate investigations?

Harry Travers and Alex Swan consider the impact of the High Court’s decision in Re RBS Rights Issue Litigation [2016] EWHC 3161 (Ch).

As reported in our September 2016 edition of LondonCalling, battle lines between investigatory authorities, principally the SFO, and corporates have for some time been drawn over the issue of legal professional privilege (LPP). The SFO has threatened to challenge “false and exaggerated claims” while professional guidance for lawyers has re-stated the importance of LPP in forthright terms. A recent High Court decision on the scope of LPP in the civil dispute between Royal Bank of Scotland (RBS) and shareholders has highlighted some of the issues in the ongoing debate.

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