The following Corporate Crime practice note produced in partnership with Áine Kervick of Kingsley Napley and Will Hayes of Kingsley Napley provides comprehensive and up to date legal information covering:
The rules relating to privilege, disclosure and waiver can vary widely from one jurisdiction to another.
In recent years, we have seen international cooperation between enforcement agencies growing. This is evident in examples of deferred prosecution agreements (DPA) involving multiple jurisdictions and cooperation between the UK and other countries such as France and the USA. See Practice Note: DPAs in practice.
With multi-jurisdictional issues, it is important to seek advice on privilege from a lawyer from each jurisdiction involved to ensure that important material retains privilege and that the risks to the client are minimised. For example, disclosure of privileged material on the basis of a limited waiver in one jurisdiction may amount to a complete waiver of privilege over that material in another jurisdiction.
This Practice Note explains some of the issues relating to privilege which arise in cross-border investigations and the practical steps which should be taken to protect privilege.
For information on legal privilege and how to maintain privilege in criminal investigations, see Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations.
The courts in England and Wales have long recognised privilege as a fundamental right which cannot be swept aside lightly.
In England and Wales, the courts will assess the privileged status of communications under the law of England and Wales only.
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will
AML and counter-terrorist financing—source of funds and source of wealthSource of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March 2018. Its findings included that:•most firms understood the distinction between
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating
0330 161 1234