The discussion was recorded in the autumn of 2020 and covers a range of topics including the thorny issue of who constitutes the ‘client’ in a corporate context for the purposes of legal advice privilege, the new application of the “dominant purpose test” for legal advice privilege, and some interesting issues which have arisen recently in respect of waiver.
Joining Rebecca in the discussion are:
- Bankim Thanki QC, Head of Chambers at Fountain Court and an undoubted expert on the law of privilege. Bankim has appeared in many of the leading authorities in this area including the Three Rivers Litigation in the House of Lords, the Prudential case in the Supreme Court and (alongside Tamara and Rebecca) SFO v ENRC in the Court of Appeal. He is the editor of The Law of Privilege, now in its third edition and one of the leading textbooks on this topic.
- Tamara Oppenheimer QC, a Silk at Fountain Court and another privilege expert and contributor to The Law of Privilege. Tamara has also appeared in many of the leading authorities including recently in the Court of Appeal in SFO v ENRC and com v Civil Aviation Authority, both of which highly significant cases are discussed in this episode.
We hope you enjoy the episode.