The English High Court confirms that legal advice privilege applies to foreign in-house lawyers (PJSC Tatneft / Bogolyubov)

In this alert, we review a welcome English High Court decision, which confirms that legal advice privilege extends to communications with foreign lawyers who provide legal advice in their capacity as in-house counsel. The decision of Mrs Justice Moulder in PJSC Tatneft v Bogolyubov and others [1] is helpful clarification on the status of communications between a client and its in -house counsel in multi-jurisdictional situations and confirms that in any proceedings (whether litigation or arbitration) applying English rules of privilege, legal advice provided by in-house counsel will prima facie be privileged and protected from disclosure, irrespective of where the in-house counsel has qualified. Prior to this judgment, although it has long been recognised in English law that advice

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Authors

  • Covington & Burling (London)
  • Covington & Burling (London)
  • Covington & Burling (London)
  • Covington & Burling (London)
  • Covington & Burling (London)

Quotation

Louise Freeman, Gregory Lascelles, Alexander Leitch, Sinead McLaughlin, Tom Cusworth, The English High Court confirms that legal advice privilege applies to foreign in-house lawyers (PJSC Tatneft / Bogolyubov), 11 September 2020, e-Competitions September 2020, Art. N° 97529

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