Privilege redefined: lessons from recent case law

A pair of judgments abolishing the 'shareholder rule' mean shareholders now face greater difficulties in accessing documents that could be helpful to their case, while another decision has boosted certainty around litigation privilege for administrators - particularly where an administration has arisen out of financial mismanagement and fraud. Helen Biggin of Vedder Price highlights significant changes to English privilege rules affecting investigations, legal proceedings and settlement discussions.

Helen Biggin (+44 (0)20 3667 2930, hbiggin@vedderprice.com) is a partner with lawyers Vedder Price LLP in London where her practice focuses on high-value commercial disputes, breach of contract claims, and fraud-related litigation.

A pair of judgments abolishing the 'shareholder rule' mean shareholders now face greater difficulties in accessing documents that could be helpful to their case, while another decision has boosted certainty around litigation privilege for administrators - particularly where an administration has arisen out of financial mismanagement and fraud. Helen Biggin of Vedder Price highlights significant changes to English privilege rules affecting investigations, legal proceedings and settlement discussions .