The Iniquity Exception to Privilege: Case Comment

1 February, 2019

This case note, written by Nathan Pillow QC and Wei Jian Chan, discusses the recent High Court decision in Accident Exchange Ltd v McLean [2018] EWHC 23 (Comm). This case raises two key points. First, it establishes that when determining whether an innocent client should lose privilege as a result of iniquity perpetrated by a third party, the “innocent tool” test is to be applied. Second, it provides guidance as to how the “innocent tool” test is to be interpreted in practice.

Read the full article here.