Legal Advice Privilege in UK Law

Leading Cases
  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Mar 1988

    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.

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
    • House of Lords
    • 11 Nov 2004

    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. If it does not, then, in my opinion, legal advice privilege would not apply. If it does so relate then, in my opinion, the judge should ask himself whether the communication falls within the policy underlying the justification for legal advice privilege in our law.

  • R (Prudential Plc) v Special Commissioner of Income Tax
    • Supreme Court
    • 23 Jan 2013

    The high modern standing of solicitors (as all of them were called after 1873) was due very largely to the work of the Law Society, which was founded after 1825 to address this perception, and which together with its provincial affiliates gradually transformed the profession in the course of the nineteenth century.

  • Ventouris v Mountain
    • Court of Appeal (Civil Division)
    • 08 Feb 1991

    The courts must not in any way encroach on the right of a litigant or potential litigant to seek and obtain legal advice on his prospects and the conduct of proceedings under the seal of confidence nor on the right of such a litigant and his legal adviser to prepare for and conduct his case without, directly or indirectly, revealing the effect of that advice.

  • The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd
    • Court of Appeal (Civil Division)
    • 05 Sep 2018

    We can fully accept that the Court of Appeal could have decided Three Rivers (No. 5) on the simple basis that Freshfields' client was the BIU (not the Bank), and the documents had been prepared by the Bank (not the BIU), so that the position of the particular Bank employee who had prepared them was irrelevant to the question of legal advice privilege. We do not, however, think that, fairly read, that was the Court of Appeal's reasoning.

  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 Jun 1995

    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.

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No. 9)
    • Court of Appeal (Civil Division)
    • 01 Mar 2004

    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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Legislation
  • Legal Aid Act 1974
    • UK Non-devolved
    • January 01, 1974
    ...... to consolidate certain enactments relating to legal aid and legal advice and assistance. . [8th February 1974] . . B . e it enacted. by ...solicitor and client or any privilege arising out of. such relationship; and. .   . ( b . ) the rights ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ......advice and consent of the Lords Spiritual and Temporal, ... (a) (a) items subject to legal privilege, . (b) (b) any information identifying ......
  • Legal Aid (Scotland) Act 1986
    • UK Non-devolved
    • January 01, 1986
    ...... with modifications certain enactments relating to legal aid and to advice and assistance in Scotland; and for connected purposes. . [25th July ...of its staff as such is entitled to any status, immunity,. privilege or exemption enjoyed by the Crown;. .   . ( b . ) the members of the ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • January 01, 2000
    ......'s most Excellent Majesty, by and with the advice. and consent of the Lords Spiritual and Temporal, ... under section 23(2) or 24(3) shall in any legal proceedings. be evidence (or, in Scotland, ... S-34 . Parliamentary privilege. 34 Parliamentary privilege. . (1) Information ......
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Books & Journal Articles
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Law Firm Commentaries
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