Analysis

UK Privilege Protections Still Fall Short Of US Levels

Law360, London (March 20, 2019, 10:08 PM GMT) -- An English appeals court's rejection of a narrow interpretation of legal professional privilege has given the U.K. justice system a shot in the arm, but it has nonetheless left Britain out of step with the U.S. under a 15-year-old precedent that limits when privilege kicks in.

The landmark ruling, that documents prepared for international mining company Eurasian Natural Resources Corp. Ltd. during an internal investigation are protected by litigation privilege, reasserted the confidentiality that is central to the attorney-client relationship.

But lawyers remain concerned about the Court of Appeal’s failure to definitively tackle one of the thornier questions of English law...

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