The High Court decision in PJSC Tatneft v Bogolyubov & Ors confirms that communications with foreign lawyers (in particular in-house legal teams) are subject to legal advice professional privilege, provided that the individuals in question are conducting themselves in the capacity or function of a lawyer. But it also held that foreign lawyers need not be appropriately qualified or regulated as professional lawyers for the privilege to apply. Indeed, for foreign lawyers there is no qualification requirement at all, in stark contrast to English advisers, who must be ‘members of the legal profession.’ Is this sustainable? Read more