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.