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INSIGHTS BY PENNINGTONS MANCHES: Keep it under your hat

11 August 2016  

Alex Fox and James Harrison ponder the practicalities of privilege post Panama Papers

We are all familiar with the concept of privilege, but the Mossack Fonseca leak has put privilege and confidentiality firmly in the spotlight, for all the wrong reasons. Can privilege withstand the modern threats of computer hacking and widespread, near instantaneous leaking of confidential information? Recent case law suggests that judges worldwide are re-examining the principles of confidentiality and privilege and exercising their discretion to ensure that justice is done.

Additional Info

  • Case(s) Referenced:

    Attorney General v Guardian Newspapers Ltd [1988] UKHL 6

    HT SRL v Wee Shuo Woon [2016] SGHC 15

    Lachaux v Independent Print Ltd [2015] EWHC 620 (QB)