Legal Advice Privilege 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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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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The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd
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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.
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JSC BTA Bank (Claimant) Mukhtar Ablyazov and Others (Defendants) Mukhtar Ablyazov and Others (Respondents)
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If the iniquity puts the advice or conduct outside the normal scope of such professional engagement, or renders it an abuse of the relationship which properly falls within the ordinary course of such an engagement, a communication for such purpose cannot attract legal professional privilege. The deception of the solicitors, and therefore the abuse of the normal solicitor/client relationship, will often be the hallmark of iniquity which negates the privilege.
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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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Data Protection Act 2018
... ... 's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, ... to a data subject, it—(a) produces legal effects concerning the data subject, or(b) ... 5 para. 1(1) ... Parliamentary privilege ... (13) The listed GDPR provisions and Article ... ...
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Immigration Act 2016
... ... 's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, ... association is to be treated as a legal person for the purposes of sections 14 to 27 ... believing is an item subject to legal privilege.(9) An immigration officer may retain a document ... ...
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Counter-Terrorism and Border Security Act 2019
... ... 's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, ... and Wales, means—(i) items subject to legal privilege, within the meaning of the Police and ... ...
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Law of Property Act 1925
... ... by and with the advice and consent of the Lords ... Spiritual and ... General Principles as to Legal Estates, Equitable Interests and Powers. Part I ... ) An casement, right, or privilege in or over land ... for an interest equivalent to ... ...
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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 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 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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Comparative standards of legal advice privilege for tax advisers and optimal reform proposals for English law
The widely accepted rationale for legal advice privilege between client and lawyer applies equally to tax advisers giving their clients fiscal legal advice. This article undertakes a comprehensive ...
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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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Unleash the Cranky Alpaca: Legal Advice Privilege and Multiparty Emails
In Civil Aviation Authority v R (on the application of Jet2 Ltd) 2020 EWCA Civ 35, the English Court of Appeal provided clear guidance on the position of Legal Advice Privilege and multiparty email...