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.
The New UK Corporate Offence of Failure to Prevent Fraud
The fraud landscape in the UK is changing, and it will become much easier to prosecute organisations for fraudulent offences.
In September 2025, the UK’s new corporate “failure to prevent fraud” offence introduced under the Economic Crime and Corporate Transparency Act 2023 (Act), will come into force. This marks a key step in the UK government’s intention to bring about a corporate-culture shift around fraud prevention, encouraging organisations to take proactive measures to prevent fraud.
