The Rotterdam District Court rules on legal privilege for in-house lawyers (Royal Dutch Shell)

On January 28, 2021, the Rotterdam District Court handed down a judgment in an appeal brought by Royal Dutch Shell (Shell) against an October 2019 magistrate ruling regarding the scope of legal professional privilege (LPP) over legal advice given by Shell’s in- house lawyers [1]. The judgment is a welcome clarification of the rules of LPP as they apply to in-house lawyers in the Netherlands and elsewhere. The Court held that in-house lawyers (whether registered within or outside the Netherlands) working permanently in the Netherlands must enter into a “professional statute”—an agreement with their employer guaranteeing their independence—in order for their advice to benefit from LPP. The Court further held that legal advice from foreign lawyers working outside the Netherlands can benefit

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Authors

  • Cleary Gottlieb Steen & Hamilton (Brussels)
  • Cleary Gottlieb Steen & Hamilton (London)
  • Cleary Gottlieb Steen & Hamilton (Brussels)

Quotation

Robbert Snelders, Paul Gilbert, Richard Pepper, The Rotterdam District Court rules on legal privilege for in-house lawyers (Royal Dutch Shell), 28 January 2021, e-Competitions January 2021, Art. N° 99528

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