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Revisiting the principles of legal professional privilege: Al Sadeq v Dechert & Ors

Complex issues regarding the validity of a party's claim to privilege are very common in commercial disputes and frequently make fertile ground for conflict. The recent judgment in Al Sadeq v Dechert & Ors [2023] EWHC 795 (KB), in which the High Court dismissed a claimant's challenges to the defendant law firm's assertions of privilege over various categories of documents, provides helpful clarification on several key points relating to legal professional privilege. However, questions remain over the availability of litigation privilege to non-parties to proceedings.

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