Overview

The High Court recently ruled that the FSA acted unlawfully in using material that was protected by legal professional privilege in an investigation into Keydata Investment Services Limited.

The judgment contains a helpful discussion of the circumstances in which individual officers or employees of a company may share the privilege attaching to advice given to the company by its lawyers. In addition to analysing the case's background and judgment, this briefing offers a number of important practical lessons regarding joint interest privilege and the wider issues raised.

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