Guernsey Association of Compliance officers

Governance, Risk and Compliance in the Bailiwick of Guernsey

Legal Professional Privilege

Rob Shepherd from Mourant has kindly brought to our attention the recent important decision of the Court of Appeal on legal professional privilege.

To summarise, in overturning the High Court decision, the Court of Appeal have increased the likelihood that legal professional privilege will attach to internal investigation work that organisations might carry out when threatened by an investigation by an external organisation – in this case, the SFO.  It will still be important to structure such internal investigations carefully but this is a good news story for risk professionals.

If you want to read the full case report, the link is here http://www.bailii.org/ew/cases/EWCA/Civ/2018/2006.pdf





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