Litigation 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.

  • 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.

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

    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. 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 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.

  • Robert Tchenguiz and Another v Rawlinson and Hunter Trustees SA and Others
    • Queen's Bench Division
    • 26 Julio 2013

    Rather what he says in relevant respect is that the Report was "commissioned" in order to "assist" the Joint Liquidators in formulating their response to the Guernsey Proceedings; that the recovery available to Oscatello was materially different depending on a number of scenarios; and that it was prepared "entirely" to enable the Joint Liquidators and their legal advisors to respond to varying scenarios and to prepare a Defence and Counterclaim.

  • 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.

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Legislation
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... in relation to an activity which constitutes the conduct of litigation (within the meaning of the Act), . who has been instructed to act for a .... . . Privilege . The right of a party to refuse to disclose a document or produce a ......
  • Courts and Legal Services Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ......right of audience or right to conduct litigation. on his behalf.’ (2) In section 52 of that Act (costs in Crown Court) ...immunity or privilege of the Crown. . (7) The Advisory Committee's property shall not be. ......
  • The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... (Covert Human Intelligence Sources: Matters Subject to Legal Privilege) Order 2010 Amendments to the Regulation of Investigatory Powers (Covert ...Litigation in the Legal Department”; . . (ii) for each entry in column (3), ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... on behalf of the Crown, or as enjoying any status, immunity or privilege of the Crown, by virtue of an appointment under this section.". . (2) ..., means a person exercising a right of audience or conducting litigation on the party's behalf. S-90 . Capping of costs: environmental cases 90 ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter CH22244
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Legal professional privilege imposes an important restriction on what you can require a person to ...Legal Litigation Privilege. This applies to documents produced for the dominant purpose of ......
  • Chapter CH22266
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... legally privileged it must fall within one of the two types of privilege, Legal Litigation Privilege (LLP) or Legal Advice Privilege (LAP). See ......
  • Chapter COG11935
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Legal Professional Privilege (LPP). LPP ensures that certain communications involving a lawyer and ...There are two main forms of LPP:. legal advice privilege. litigation privilege. To qualify for either, a document must be confidential and meet ......
  • Chapter CH182940
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Information is privileged if a claim to legal professional privilege or, in Scotland confidentiality of communications, could be maintained in ... documents produced for the purpose of contemplated or actual litigation. Documents may contain some information that is privileged and some that ......
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