Privilege & The Iniquity Exception, New Law Journal

In their recent article for the New Law Journal, Litigation Partner Christian Tuddenham and Investigations, Compliance and Defense Associate André Nwadikwa delve into the case of Al-Sadeq v Dechert LLP, which revolves around legal professional privilege.

The authors outline the criteria necessary to invoke the iniquity exception and shed light on the potential applicability of litigation privilege to non-parties, including victims of crime and commercial litigation funders. They highlight that investigative work conducted by lawyers will generally engage legal advice privilege. They also emphasise that corporate entities seeking to utilise litigation privilege are not subject to the narrow definition of ‘client’ established in the Three Rivers (No 5) case, which only applies to legal advice privilege.

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Christian advises financial institutions and companies worldwide in connection with complex litigation and arbitration. He has particular experience managing disputes in emerging and frontier markets, including throughout the Middle East, India, Pakistan, Russia, and the Commonwealth of Independent States.

A former prosecutor, André leverages his experience in bringing cross-border, large-scale cases to trial in advising clients facing the full spectrum of government enforcement investigations in the United Kingdom, United States of America, and beyond.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Privilege & The Iniquity Exception, New Law Journal

In their recent article for the New Law Journal, Litigation Partner Christian Tuddenham and Investigations, Compliance and Defense Associate André Nwadikwa delve into the case of Al-Sadeq v Dechert LLP, which revolves around legal professional privilege.

The authors outline the criteria necessary to invoke the iniquity exception and shed light on the potential applicability of litigation privilege to non-parties, including victims of crime and commercial litigation funders. They highlight that investigative work conducted by lawyers will generally engage legal advice privilege. They also emphasise that corporate entities seeking to utilise litigation privilege are not subject to the narrow definition of ‘client’ established in the Three Rivers (No 5) case, which only applies to legal advice privilege.

Read More

Christian advises financial institutions and companies worldwide in connection with complex litigation and arbitration. He has particular experience managing disputes in emerging and frontier markets, including throughout the Middle East, India, Pakistan, Russia, and the Commonwealth of Independent States.

A former prosecutor, André leverages his experience in bringing cross-border, large-scale cases to trial in advising clients facing the full spectrum of government enforcement investigations in the United Kingdom, United States of America, and beyond.

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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