Lessons on Litigation Privilege in Internal Investigations from the U.K.’s Bilta v. Royal Bank of Scotland Case

In the recent RBS matter, the High Court of England and Wales held that certain documents created by RBS during an internal investigation conducted to prepare for a potential dispute with the U.K. tax authority were protected by the privilege. The decision was a sharp contrast to the High Court’s prior holding in the ENRC case where it determined that privilege was unavailable for documents created during a similar investigation. In a guest article, Boies Schiller partner Matthew Getz and associate Prateek Swaika discuss the implications of the decision and offer practical tips for preserving privilege in wake of the High Court precedents. See “No Need to Overreact: Protecting Privilege in the U.S. and U.K. After the ENRC Decision” (Jun. 21, 2017).

To read the full article

Continue reading your article with an ACR subscription.