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Litigation privilege: England and Hong Kong a step further apart (May 2017)

Client briefing

Introduction

Following an earlier decision which took an unhelpfully restrictive view on legal advice privilege, the English High Court has recently applied a similarly strict approach to litigation privilege for entities under regulatory or criminal investigation. If the English approach is followed in Hong Kong, there would be serious constraints on the extent to which fact gathering for the purposes of any internal investigation can be carried out under the cloak of litigation privilege.

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