In a significant ruling on disclosure (Aabar Holdings SARL v Glencore Plc), the Commercial Court has held that legal advice privilege can attach to certain internal documents and communications within a corporate “client group” even where no lawyer is copied in - provided the dominant purpose is for seeking legal advice.
In today’s commercial world, the point at which an informal exchange becomes a binding contract is increasingly easy to miss. What once required a carefully negotiated and signed document can now arise from a rapid sequence of emails, a WhatsApp exchange between meetings, or a brief exchange on a video call. For businesses, that creates opportunity, but also risk.
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