Legal Advice in UK Law
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Balabel v Air India
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Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.
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Minter v Priest
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If therefore the phrase is expanded to professional communications passing for the purpose of getting or giving professional advice, and it is understood that the profession is the legal profession the nature of the protection is I think correctly defined.
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Edgar v Edgar
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Important too is the general proposition that, formal agreements, properly and fairly arrived at with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.
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Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
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But the dicta to which I have referred all have in common the idea that it is necessary in our society, a society in which the restraining and controlling framework is built upon a belief in the rule of law, that communications between clients and lawyers, whereby the clients are hoping for the assistance of the lawyers' legal skills in the management of their (the clients') affairs, should be secure against the possibility of any scrutiny from others, whether the police, the executive, business competitors, inquisitive busy-bodies or anyone else (see also paras. 15.8 to 15.10 of Adrian Zuckerman's Civil Procedure where the author refers to the rationale underlying legal advice privilege as "the rule of law rationale").
In cases of doubt the judge called upon to make the decision should ask whether the advice relates to the rights, liabilities, obligations or remedies of the client either under private law or under public law. Is the occasion on which the communication takes place and is the purpose for which it takes place such as to make it reasonable to expect the privilege to apply?
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R v Derby Magistrates' Court, ex parte B
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It is a fundamental condition on which the administration of justice as a whole rests. It is a fundamental condition on which the administration of justice as a whole rests. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case.
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Three Rivers District Council and Others v Governor and Company of the Bank of England (No. 9)
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Mr Pollock submitted that it was only communications between solicitor and client, and evidence of the content of such communications, that were privileged. Preparatory materials obtained before such communications, even if prepared for the dominant purpose of being shown to a client's solicitor, even if prepared at the solicitor's request and even if subsequently sent to the solicitor, did not come within the privilege.
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Legal advice privilege and artificial legal intelligence: Can robots give privileged legal advice?
Legal professional privilege entitles parties to legal proceedings to object to disclosing communications. The form of legal professional privilege that is now commonly known as ‘legal advice privi...
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Legal Advice Privilege and the Corporate Client
This article considers the question of which corporate communications attract legal advice privilege. Specifically, it assesses the implications of adopting, on the one hand, a narrow ‘control grou...
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Legal Advice and Pre-Trial Silence—Unreasonable Developments
This article examines recent case law concerning the drawing of adverse inferences, pursuant to s. 34 of the Criminal Justice and Public Order Act 1994, from a suspect's failure to mention during p...
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Legal Advice Privilege and its Relevance to Corporations
This article considers whether the rationale for legal advice privilege applies to corporations. It examines the rationale for legal advice privilege in the aftermath of the disagreement between th...
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Legal advice privilege in employment
A recent decision in the UK Court of Appeal has provided guidance in the area of privilege in employment claims. In Curless v Shell International Ltd, the Court of Appeal had to consider whether le...
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Legal advice privilege upheld for dissolved companies
The Court of Appeal has confirmed that documents protected by legal advice privilege remain so protected even upon the dissolution of the company to whom the privilege belongs. Once attached, legal...
- Legal Advice Privilege
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"UK Supreme Court: Legal Advice Privilege Relates to Lawyers’ Advice Only"
Summary - In an eagerly awaited decision of the U.K. Supreme Court in the case of R (on the Application of Prudential plc and Another) v. Special Commissioner of Income Tax and Another, [2013]...
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Agreement to the making of a parental order in respect of my child. Section 54 of the Human Fertilisation and Embryology Act 2008
Forms relating to adoption, including those to request adoption, placement and parental orders....... . . Before signing this form you are advised to seek legal advice about agreeing to the making of a parental order and the effect on ......
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Advance consent to Adoption. Section 20 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.......Before signing this form you are advised to seek legal advice about consenting to adoption and the effect. on your parental ......
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Consent to the making of an order under Section 84 of the Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.......Before signing this form, you are advised to seek legal advice about consenting to the making of an order. under section 84 of the ......
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Consent by the child's parent to adoption by their partner. The Adoption and Children Act 2002
Forms relating to adoption, including those to request adoption, placement and parental orders.......Before signing this form it is recommended that you seek legal advice about consenting to. adoption and the effect on your parental ......