International Regulatory Enforcement (PHIRE)

English High Court Confirms the Application of Privilege to Foreign Lawyers

September 21, 2020

Simon Airey, Joshua Domb & Gesa Bukowski

A judgment handed down by the High Court on 11 September 2020 has confirmed the well-established principle that Legal Advice Privilege ("LAP") applies to foreign lawyers. However, the Court also confirmed the principle that the only requirement for LAP to attach was that the foreign lawyer should be "acting in the capacity or function of a lawyer", and that it would not investigate whether a foreign lawyer was regulated, registered or "appropriately qualified".

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