Lloyd's Law Reporter Financial Crime
Hotel Portfolio II UK Ltd (In Liquidation) v SMA Investment Holdings Ltd and Others
Queen's Bench Division (Commercial Court) [2019] EWHC 1754 (Comm), Mrs Justice Moulder, 2 May; 5 July 2019
Legal professional privilege - "Iniquity" exception - Circumstances in which the exception applies.
As Moulder J observed in this case legal professional privilege attaches to communications which are confidential and the protection of the relationship of confidence between a client and his solicitor is essential to the administration of justice. Where the client abuses that relationship by involving his solicitor, whether advertently or inadvertently, in iniquitous conduct then the confidential nature of that relationship melts away and communications between them that would previously have enjoyed the protection of legal professional privilege would no longer be immune from disclosure to others, in particular to law enforcement agencies like the Serious Fraud Office.