Jul 2, 2026 · 10 min · 11 segments
In this special episode on privilege, Carla Watling and Sohrab Daneshku explore the High Court decision in *Aabar v Glencore* and what it means for legal advice privilege, including when protection…
Sohrab DaneshkuGuest
Carla WatlingHost
That's a good way of putting it because privilege is one of those things everyone assumes they understand until a difficult point suddenly comes up.
So our bar holdings in Glencore was a decision of Mr Justice Pickens in the Commercial Court.
The really important thing to flag at the outset is the type of privilege that we're talking about.
This decision is about legal advice privilege, so not litigation privilege, nor without prejudice communications, which are sometimes classified as a type of privilege.
And the distinction matters, doesn't it? Because legal advice privilege is the one that applies even when there's no litigation in contemplation.
The specific issue here that the court was grappling with in our bar was the extent to which legal advice privilege extends to internal communications between members of the client group and to documents created by a member of the client group in And crucially, in both cases, even where no lawyer is involved in the communication.
That's a good way of putting it because privilege is one of those things everyone assumes they understand until a difficult point suddenly comes up.
So our bar holdings in Glencore was a decision of Mr Justice Pickens in the Commercial Court.
The really important thing to flag at the outset is the type of privilege that we're talking about.
This decision is about legal advice privilege, so not litigation privilege, nor without prejudice communications, which are sometimes classified as a type of privilege.
And the distinction matters, doesn't it? Because legal advice privilege is the one that applies even when there's no litigation in contemplation.
The specific issue here that the court was grappling with in our bar was the extent to which legal advice privilege extends to internal communications between members of the client group and to documents created by a member of the client group in And crucially, in both cases, even where no lawyer is involved in the communication.
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