Simon Adamyk & Alexander Farara’s article for LexisNexis: The Emperor is Wearing No Clothes (Jardine Strategic Ltd v Oasis Investments)
Simon Adamyk and Alexander Farara have co-authored an article, published by LexisNexis, concerning the recent decision of the Judicial Committee of the Privy Council in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd and others (No 2).
The judgment revisits a rule that has stood for over a century as an exception to the law of privilege, ultimately concluding it to be “a rule without justification”. Quoting the tale of the emperor’s new clothes, Lord Briggs and Lady Rose remarked, “It is time to recognise and declare that the Rule is altogether unclothed”.
This article breaks down the significance of the decision and what it means for the future of legal privilege.
