UK Court of Appeal Extends Privilege in Internal Investigations

On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous decision concerning the application of legal privilege during the course of internal investigations. Overturning an earlier High Court decision, the Court of Appeal held that legal privilege applied to certain documents prepared by counsel in reasonable anticipation of criminal prosecution. Though the decision is based on British law, it offers broader lessons about legal privilege and the need to be aware of the differing levels of protection afforded across jurisdictions, especially in multijurisdictional anticorruption investigations.

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