- On the evidence before it, the court held that litigation privilege did not attach to documents created to enable a litigation funder to decide whether to fund proposed claims, even though litigation was accepted
English High Court: Legal Advice Privilege Can Extend to Intra-Client Communications and Documents
- The High Court in Aabar v. Glencore ruled that legal advice privilege protects communications between members of the client group, as well as between clients and lawyers, provided their dominant purpose is to seek or receive legal advice.
- These “intra-client” communications can be privileged even where they are not
UK Government Consults on Significant Legislative Changes to Merger Control Regime
The consultation aims to make jurisdictional thresholds more predictable, enhance the CMA’s political accountability, and improve interactions between businesses and the regulator.
By Stephanie Adams, Greg Bonné, Ludmilla Le Grand, David Little, Jonathan Parker, and Simon Pritchard
On 20 January 2026, the UK government launched a consultation on a package of reforms to the UK competition regime — aimed at supporting economic growth while delivering benefits for consumers and businesses and maintaining the independence of
English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights
The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.
By Nell Perks and Anna Kullmann
Key Points:
- Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
- For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.
Introduction
The
The End of the “Shareholder Rule” Exception to Legal Advice Privilege
Landmark decision means companies can assert legal advice privilege against their shareholders in litigation before the English courts.
By Oliver Middleton, Nell Perks, and Alice Zhou
On 24 July 2025, the Privy Council handed down its decision in Jardine Strategic Ltd v. Oasis Investments II Master Fund Ltd and Others (No 2) (Bermuda) [2025] UKPC 34 (Jardine),abolishing the so-called “Shareholder Rule” exception to legal advice privilege as a matter of both Bermudian and English law. The
Key Takeaways From the SFO’s New Corporate Guidance
The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors.
By Pamela Reddy, Clare Nida, Annie Birch, and Matthew Unsworth
On 24 April 2025, the UK Serious Fraud Office (SFO) published a long-awaited update to its Guidance on Corporate Co-operation and Enforcement (the Guidance). The Guidance outlines the agency’s key considerations when deciding whether to prosecute a corporate or invite it to negotiate a deferred
Ofgem Approves Great Britain’s Grid Connections Reform
The reform aims to prioritise “ready” and “needed” projects for grid connection.
By Conrad Andersen, Simon J. Tysoe, John Guccione, Tom Bartlett, and Evelyne Girio
On 15 April 2025, the energy regulator for Great Britain, Ofgem, made its final decision to reform the electricity grid connection process, specifically by approving the National Energy System Operator’s (NESO’s) Target Model Option 4 (TMO4+) package of connection reform proposals.
The TMO4+ package of reforms will accelerate the grid connections
No Causation Defence for Self-Interested Fiduciaries: UK Supreme Court Affirms Strict Profit Rule
The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships.
By Oliver Middleton and Duncan Graves
The UK Supreme Court in Rukhadze v. Recovery Partners GP Ltd has unanimously rejected an attempt to introduce a caveat to the longstanding “profit rule” that such fiduciaries could retain their secret profits if it could be shown that they would have earned them without breaching the duties to their principal.1
UK Online Safety Act — Spring 2025 Deadlines
Illegal content safety duties came into full effect on 17 March 2025, shortly followed by children’s access assessment requirements.
By Gail E. Crawford, Fiona M. Maclean, Alain Traill, Calum Docherty, Edgar Lee, and Amy Smyth
The UK Online Safety Act (OSA) establishes an extensive regulatory framework for providers of online user-to-user services and search services with links to the UK, catching a large number of digital platforms and services. The OSA applies to both UK
English Court of Appeal Issues Guidance on Representative Actions in Securities Claims
A landmark judgment from the Court of Appeal has clarified when representative proceedings may be issued on a bifurcated basis and the application of the regime to securities claims.
By Oliver Middleton and Duncan Graves
The English Court of Appeal has confirmed the strike out of a bifurcated representative action under CPR 19.8 for claims under Section 90A FSMA,1 a statutory regime that has formed the basis of a large number of group actions in recent years. Section 90A