Important High Court decision on Legal Professional Privilege

There has been an important decision on legal professional privilege in internal investigations in the context of the RBS Rights Issue Litigation.

The English High Court found that transcripts, notes or other records taken during an internal investigation were disclosable to private litigants who are bringing claims against RBS and its former management. A consequence of such finding is that financial institutions and other organisations may need to re-visit the basis on which such investigations are conducted.