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English High Court Rejects Claims of Privilege Over Internal Investigation Interview Notes
13 December 2016
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The English High Court has ruled that notes, transcripts and records of employee interviews prepared by lawyers during an internal investigation are not generally protected by legal advice privilege.
Interview notes will only be covered by legal advice privilege if they record communications between legal advisers and those company employees authorised to seek and receive legal advice.
For interview notes to be considered lawyers’ privileged working papers, the party claiming privilege must demonstrate that the documents provide a clue as to the legal advice given to the company.
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