English Privilege Ruling Carries Important Lessons for Internal Investigations

A recent English High Court decision could significantly affect how companies structure internal investigations and legal communications under English law. In Aabar Holdings v. Glencore, the court held that certain internal corporate communications created for the purpose of obtaining legal advice may be protected by legal advice privilege even where no lawyer is directly involved in the communication. The decision provides important clarification on the scope of English legal privilege, particularly for multinational companies navigating cross-border investigations and compliance reviews, while also underscoring the continued importance of carefully defining the corporate “client group” when seeking legal advice.

Although the ruling potentially broadens the protection available for intra-company communications, it does not eliminate the longstanding limitations of English privilege law, including the narrow definition of who constitutes the “client” for privilege purposes. As a result, companies conducting sensitive investigations or internal reviews under English law should continue to structure communications carefully and involve counsel strategically. Click here to read Sidley’s full alert discussing the court’s reasoning, the practical implications for companies and counsel, and key considerations for preserving privilege in cross-border matters.

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