Litigation 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.

  • 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.

  • 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)
    • House of Lords
    • 11 Nov 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.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • Court of Appeal (Civil Division)
    • 20 Jun 1980

    In all such cases I think the courts should - for the purposes of discovery - treat all the persons interested as if they were partners in a single firm or departments in a single company, Each can avail himself of the privilege in aid of litigation. Each can collect information for the use of his or the other's legal adviser.

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

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  • Legal Services (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ...... . . (ii) conducting litigation in relation to proceedings in any court,. . comply with such duties as ... S-75 . Professional privilege 75 Professional privilege . (1) Subsection (2) applies to any ......
  • Legal Services Act 2007
    • UK Non-devolved
    • January 01, 2007
    ...... who exercise before any court a right of audience, or conduct litigation in relation to proceedings in any court, by virtue of being authorised ... . (6) For the purposes of the law of defamation, absolute privilege attaches to any report of the OFT under this section. S-58 . The Board's ......
  • Access to Justice Act 1999
    • UK Non-devolved
    • January 01, 1999
    ......they are provided or any privilege arising out of that relationship,. or. . . (b) any right which that ... Other funding of legal services . Conditional fee and litigation funding agreements Conditional fee and litigation funding agreements . ......
  • The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021
    • UK Non-devolved
    • January 01, 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), ......
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