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14 August 2026
Issue: 8174 / Categories: Legal News , Privilege
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NLJ this week: Inside the privilege circle

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A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations

Abdulali Jiwaji unpacks Aabar SÀRL v Glencore, which considers the longstanding Three Rivers (No 5) principle limiting the “client” to employees authorised to seek and receive legal advice.

Glencore distinguishes communications involving those outside that group from documents and communications generated within the authorised client group itself. The court found no authority preventing privilege from covering intra-client communications created for the dominant purpose of obtaining legal advice. This could include internal working notes prepared ahead of lawyer meetings or exchanges between client-group members identifying facts to be communicated to lawyers.

Jiwaji cautions, however, that disciplined privilege practices remain essential: corporate communications should be focused, distribution groups narrow and clearly defined, and large mixed legal/commercial email chains avoided.

Ultimately, privilege continues to depend on whether seeking or receiving legal advice is the communication’s dominant purpose. 

Issue: 8174 / Categories: Legal News , Privilege
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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