The EU Court of Justice ("CJEU") has recently clarified the scope of legal professional privilege ("LPP") under EU law. The CJEU ruled that LPP applies to all communications between.
By Clare Reeve Curatola1 February 2021
Legal privilege is a recurring issue for UK lawyers representing clients in litigation, investigations, and opposite regulatory bodies. Now, courtesy of Brexit, there is a new issue to address: since 1 January, lawyers operating in both the UK and EU member states need to consider, more carefully than ever, the different rules of privilege when structuring investigations and advising on potential competition law issues that could result in the involvement of the European Commission (EC).
Clare Reeve Curatola
Legal privilege in England and Wales
The application of English law to legal privilege is an important issue that is regularly debated in court. Rightly so: it is a fundamental human right, central to the administration of justice; it is in the public interest that individuals and firms should be permitted to seek and receive legal advice, and investigate and gather evidence, without losing the benefit of privilege.