Latin America

People located outside of the UK are often concerned to learn they may be expected to comply with an English freezing order. If you are sent such an order you should take advice as soon as possible. However, the good news is that if you find yourself in this situation there are a number of things you can check that may mean you are not required to comply with the order. You may even be entitled to recover from the applicant your expenses incurred obtaining legal advice in respect of the order, or applying to the court to clarify your obligations.

Brexit update - The conclusion of a comprehensive £650 billion trade and cooperation deal on 24 December has been welcomed on both sides of the Channel. The formal approval process is well underway, enabling the UK to transition to its new relationship with the EU on 1 January 2021 in an orderly manner.

The English courts have confirmed that the only requirement for legal advice privilege to apply to confidential legal advice between a client and a foreign lawyer is that the lawyer is acting in the capacity or function of a lawyer. The specific question asked was whether a foreign in-house lawyer’s advice, that would not attract the same protection in their home jurisdiction, would be subject to legal advice privilege.

A recent high court case clarifies that a party’s communications with its foreign lawyers, including its own foreign in-house team, are protected by the same legal advice privilege which also protects communications between English lawyers and their clients.