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Privilege and Brexit

Whilst on the subject of privilege, lawyers and clients should be aware that UK lawyers have now become third-country lawyers so in the context of actual or potential EU and EEA competition proceedings, legal advice given may now no longer enjoy the privilege it once did when the UK was part of the EU.

Lawyers and clients should carefully consider and plan for where legal advice is procured, given or shared in relation to issues that might touch on competition law requirements and therefore could involve the EC, that the risk is considered and managed.

Any cross-border cases, or where advice is given to clients who have any dealings with the EU should be considered and a plan of action made. As ever, it is always worth ensuring that any training is up to date and has been amended to include these considerations. Likewise, businesses should be alive to these issues and ensure that they have discussed this with legal representation and understand how this may affect ongoing work.

Posted on 02/11/2021 by Ortolan

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