Hoi-Yee Roper

In a significant development, the High Court has held that the scope of legal advice privilege includes intra-client documents (Aabar Holdings v Glencore [2026] EWHC 877 (Comm)). Therefore, communications between members of a ‘client group’ within a client and documents created by them which are made for the dominant purpose of seeking legal advice are protected from disclosure. There is no requirement that a lawyer is a party to the communication.

In CILEX v Mazur [2026] EWCA Civ 369 (handed down 31 March 2026) the Court of Appeal overturned Mr Justice Sheldon's much-debated High Court decision ([2025] EWHC 2341 (KB)) and clarified and re‑affirmed the orthodox understanding of how civil litigation may lawfully be carried out by teams of individuals. For most commercial litigation practices the decision is reassuring rather than disruptive.

The Supreme Court decision in THG Plc v Zedra Trust Company (Jersey) Ltd [2026] UKSC6 confirms that unfair prejudice petitions under sections 994–996 of the Companies Act (the 'CA') 2006 are not subject to any statutory limitation period. This judgment has practical significance for both shareholders and company controllers, affirming that unfair prejudice petitions remain a flexible tool that can address even historic conduct.