Three aspects of privilege were visited in recent court decisions. They serve as a timely reminder of the common pitfalls which corporations may face when they find they have inadvertently lost privilege over documents.
- Legal advice privilege not available to tax advice given by accountants - R (on the application of Prudential Plc) v Special Commissioner of Income
- "Without prejudice" negotiations may be admitted in court for interpretation of the settlement agreements - Oceanbulk Shipping and Trading SA v TMT Asia Ltd
- In-house legal advice not attract privilege in EU competition investigations - Akzo Nobel Chemicals Ltd and another v Commission of the European Communities
The Litigation, Arbitration and Employment (LAE) Group of Hogan Lovells in Hong Kong is hosting a seminar to highlight and discuss the issues in this area.
- Recent developments on Legal Professional Privilege
- The golden rules for preserving privilege
- The common pitfalls