
Sohrab Daneshku
Managing Associate at Lewis Silkin specializing in commercial litigation and dispute resolution, with expertise in professional liability, sports law, and High Court proceedings.
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Jul 2, 2026
In-House Employment Lawyers Coffee Break: Episode 26 – Privilege special: Aabar v Glencore
2:18
2:29
2:45
2:51
2:57
3:15
6:56

Carla WatlingHOST
Go on, give us the short version, because I know a lot of listeners will have that case lurking in the back of their minds as the reason they worry about this.

Sohrab DaneshkuGUEST
So in Three Rivers No. 5, the Court of Appeal held that only those within a corporate entity who are authorised to instruct the lawyer and authorised to seek and receive legal advice are to be treated as the client for privileged purposes.

Sohrab DaneshkuGUEST
So it draws what can be a fairly narrow circle around those who count as the client.

Sohrab DaneshkuGUEST
I'd also mention that the SRA's guidance on legal professional privilege when working in-house picks this point up.

Sohrab DaneshkuGUEST
But back to Abba, disclosure of documents was being given in the course of litigation and Glencore, the defendant... withheld from its disclosure certain documents passing between members of its client group, as understood under Fee Rivers No. 5, even when no lawyer featured in the communication.

Sohrab DaneshkuGUEST
And Abba argued that Glencore should disclose all documents which were communications between members of a client group unless those documents evidenced the substance of privileged communications or were intended to be sent to a lawyer but never were.

Carla WatlingHOST
But I suspect you're about to add some important caveats because privilege is never quite as simple as we'd all like.