A recent decision in the UK Court of Appeal has provided guidance in the area of privilege in employment claims.

In Curless v Shell International Ltd, the Court of Appeal had to consider whether legal advice privilege should be disapplied to an email on the basis that the advice fell within the “iniquity principle”.

Legal advice privilege applies to confidential communications between lawyers and their clients. However, legal advice privilege does not apply where the advice is iniquitous, i.e. where the communication or document came into being for the purpose of furthering a criminal or fraudulent design. In this case … Continue Reading