The widely reported outcome in RBS Rights Issue Litigation [2016] EWHC 3161 (Ch) has caused understandable consternation among in-house lawyers and external counsel. 

In RBS Rights Issue Litigation, Mr Justice Hildyard considered that the Three Rivers (No5) judgment reconfirmed the differences in English law between legal advice privilege and litigation privilege. He considered the nub of the 
Court of Appeal’s conclusions in Three Rivers (No 5) to be that ‘in a corporate context, information gathered from an employee is no different for these purposes from information obtained from third parties, even if the information is collected by or in...

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