English High Court Decides to Override Legal Professional Privilege

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Saturday, March 21, 2020
Author: 
Bruce Zagaris
Volume: 
36
Issue: 
3
Abstract: 

On March 3, 2020, the English High Court issued its decision on when the fraud or other iniquity exception overrides the legal professional privilege. The case concerns advice given by the defendant, Dentons Europe LLP, to its former client, Anabus Holdings Limited (“Anabus”).  The claimants in the case are 240 investors whom Anabus invited to invest in gold dust (“the scheme”).  Beginning in the spring of 2010, an agent and network of introducers promoted the scheme.  The scheme closed in October 2010.  Despite the promises of payment, a majority of investors claim the scheme was fraudulent and they lost collectively $6.5 million.[1]