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Another skirmish over privilege in the RBS Rights Issue Litigation

Another skirmish over privilege in the RBS Rights Issue Litigation
Published on: 14 December 2016
Published by: LexisPSL
  • Another skirmish over privilege in the RBS Rights Issue Litigation
  • Original news
  • What are the practical implications of this case?
  • What was the case about?
  • Legal advice privilege—applying Three Rivers (No 5)
  • Legal advice privilege—lawyers' working papers
  • The importance of full evidence in privilege applications
  • Case details

Article summary

Dispute Resolution analysis: In the latest interim round of the RBS Rights Issue Litigation, Hildyard J has granted the claimants’ application for disclosure of interview notes taken by the bank and its external lawyers in the course of two internal investigations into alleged wrongdoing, overcoming the defendant’s objection that the notes were privileged. The court declined the defendant’s invitation to distinguish the Court of Appeal’s controversial decision in Three Rivers (No 5) by confining it narrowly to its own facts, and re-affirmed the principle that questions of privilege are for the lex fori, says Richard Edwards QC of 3 Verulam Buildings. or take a trial to read the full analysis.

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