Legal Professional Privilege in UK Law

Leading Cases
  • 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.

  • Crompton (Alfred) Amusement Machines Ltd v Commissioners of Customs and Excise (No. 2)
    • Court of Appeal (Civil Division)
    • 17 Feb 1972

    At other times it is a Government department or a local authority.It may even be the Government itself, like the Treasury Solicitor and his staff. They are regarded by the law as in every respect in the same position as those who practise on their own account. The only difference is that they act for one client only, and not for several clients. They must uphold the same standards of honour and of etiquette. They are subject to the same duties to their client and to the Court.

  • R (Morgan Grenfell & Company Ltd) v Special Commissioner of Income Tax
    • House of Lords
    • 16 May 2002

    A necessary implication is one which necessarily follows from the express provisions of the statute construed in their context. It distinguishes between what it would have been sensible or reasonable for Parliament to have included or what Parliament would, if it had thought about it, probably have included and what it is clear that the express language of the statute shows that the statute must have included.

  • 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.

  • 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

    Second, if a communication or document qualifies for legal professional privilege, the privilege is absolute. It cannot be overridden by some supposedly greater public interest. It can be waived by the person, the client, entitled to it and it can be overridden by statute (c/f R (Morgan Grenfell Ltd) v Special Commissioner of Income Tax [2003] 1 AC 563), but it is otherwise absolute.

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Legislation
  • Freedom of Information Act 2000
    • UK Non-devolved
    • January 01, 2000
    ...... 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 ... S-42 . Legal professional privilege. 42 Legal professional privilege. . ......
  • Data Protection Act 1984
    • UK Non-devolved
    • January 01, 1984
    ...... S-31 . Judicial appointments and legal professional privilege. 31 Judicial appointments ......
  • Data Protection Act 1998
    • UK Non-devolved
    • January 01, 1998
    ...... meaning of section 71 of the   Courts and Legal Services Act 1990 . ,. . . (b) advocates or ... . (a) any communication. between a professional legal adviser and his client in connection with. ... Legal professional privilege . Legal professional privilege. . SCH-7.10 . ......
  • Criminal Justice Act 1987
    • UK Non-devolved
    • January 01, 1987
    ......of legal professional privilege in proceedings in the High ......
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Books & Journal Articles
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Law Firm Commentaries
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