Legal Advice Privilege in UK Law

Leading Cases
  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Marzo 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 Noviembre 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.

  • Ventouris v Mountain
    • Court of Appeal (Civil Division)
    • 08 Febrero 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 Septiembre 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.

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

  • United States of America v Philip Morris Inc. and Others
    • Court of Appeal (Civil Division)
    • 30 Julio 2004

    In most solicitor and client relationships, especially where a transaction involves protracted dealings, advice may be required or appropriate on matters great or small at various stages. But, even if it does not, there will usually be implied in the relationship an overall expectation that the solicitor will at each stage, whether asked specifically or not, tender appropriate advice.

  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 Junio 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.

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Legislation
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......advice and consent of the Lords Spiritual and Temporal, ... (a) (a) items subject to legal privilege, . (b) (b) any information identifying ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ......advice and consent of the Lords Spiritual and Temporal, ... (a) (a) produces legal effects concerning the data subject, or . (b) ... of which a claim to legal professional privilege or, in Scotland, confidentiality of ......
  • Courts and Legal Services Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ...... by the Queen's most Excellent. Majesty, by and with the advice and consent of the. Lords Spiritual and Temporal, and Commons, in this. ...immunity or privilege of the Crown. . (7) The Advisory Committee's property shall not be. ......
  • Freedom of Information Act 2000
    • UK Non-devolved
    • 1 de Enero de 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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Forms
  • Chapter CH22252
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . When testing a claim to legal advice privilege you should be aware of the ......
  • Chapter CH22242
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Legal professional privilege is a common law principle ... to Central Policy, Tax Administration Advice where the person or their representative claims ......
  • Chapter CH22266
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... You must consider who gave the advice to the person whose tax position you are ...Advice from a legal professional. If the advice was given by a legal ... fall within one of the two types of privilege, Legal Litigation Privilege (LLP) or Legal Advice ......
  • Chapter COG11935
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Legal Professional Privilege (LPP). LPP ensures that ...There are two main forms of LPP:. legal advice privilege. litigation privilege. To qualify for ......
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