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PRIVILEGE: Hear no evil, see no evil

25 November 2011  

Clare Arthurs discusses the implications of the Keydata case

Drawing the line between the interests of a company and those of its human agents can be difficult. In many cases the interests of the company and its directors may be identical or least overlapping. In others, particularly in the context of regulatory proceedings, a conflict of interest may arise. The recent case of Ford, R (on the application of) v The Financial Services Authority [2011] (Keydata) provides useful guidance on when a company’s directors and employees can share privilege in the legal advice obtained by a company.

Additional Info

  • Case(s) Referenced:

    Farrow Mortgage Services Pty Ltd (in liquidation) v Webb [1996] 39 NSWLR 601

    Ford, R (on the application) v The Financial Services Authority [2011] EWHC 2583 (Admin)

    In the matter of Bevill, Bresler & Shulman Asset Management Corporation (1986) 805 F2d 120

    Prudential plc & anor, R (on the application of) v Special Commissioner of Income Tax & ors [2010] EWCA Civ 1094

    R v Derby Magistrate’s Court ex parte B [1995] UKHL 18

    Three Rivers District Council & ors v Bank of England [2006] UKHL 48