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Court of Appeal confirms legal privilege applies to regulatory disclosure request (Sports Direct International Plc v The Financial Reporting Council)

Court of Appeal confirms legal privilege applies to regulatory disclosure request (Sports Direct International Plc v The Financial Reporting Council)
Published on: 27 February 2020
Published by: LexisPSL
  • Court of Appeal confirms legal privilege applies to regulatory disclosure request (Sports Direct International Plc v The Financial Reporting Council)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • The Infringement Issue—ground one
  • The Infringement Issue-ground three
  • The Communications Issue—ground four
  • Case details

Article summary

Dispute Resolution: The Court of Appeal held that a disclosure order obtained by the Financial Reporting Council (FRC) against Sports Direct in respect of material covered by legal professional privilege (LPP) pursuant to the FRC’s statutory information gathering powers under the Statutory Auditors and Third Country Auditors Regulations 2016 (SATCAR), was wrong in law. The authorities, properly understood, did not support a re-interpretation of the exceptions to LPP, and that whether LPP had been modified or abrogated was to be viewed, in the present case, as one of statutory construction only. Written by Sandip Patel QC, managing partner, at Aliant (London). or take a trial to read the full analysis.

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