header-logo header-logo

16 March 2018 / Emilie Jones , Alan Sheeley
Issue: 7785 / Categories: Features
printer mail-detail

What’s privileged?

Alan Sheeley & Emilie Jones review the role & scope of litigation privilege in internal investigations

  • Recent cases show that the days of claiming litigation privilege over documents without fear of challenge are gone.
  • The purpose of an investigation should be set out clearly in external and internal communications.

Internal investigations are a vital risk management tool for corporate organisations. When serious allegations of wrongdoing are made, whether by a whistleblower, regulator, third party or the media, thorough investigation enables the organisation to understand what has happened, address potential exposures, improve risk management systems and manage reputational risk. Corporate focus on internal investigations has also been fuelled by the growing number of self-reporting obligations and incentives.

Against this backdrop, businesses have been troubled by recent case law perceived to erode their ability to rely on legal professional privilege to avoid disclosing documents created during investigations to parties in subsequent civil or criminal proceedings.

However, the recent decision of Bilta v RBS [2017] EWHC 3535 (Ch) demonstrates that, in appropriate circumstances, the products of a properly structured and documented investigation may still be protected from disclosure. This article

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll