Litigation Privilege in UK Law

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
    • House of Lords
    • 11 November 2004
    ... ... the Bank to the Bingham Inquiry qualify for legal professional privilege? It is contended by the respondents, and was held by the Court of Appeal, ... the privilege into two categories, legal advice privilege and litigation privilege. Litigation privilege covers all documents brought into being ... ...
  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No. 9)
    • Court of Appeal (Civil Division)
    • 01 March 2004
    ... ... J in relation to disclosure of documents in the current litigation in which the appellants, liquidators and creditors of BCCI, are suing The ... The Bank have claimed legal professional privilege for numerous documents which came into existence between the time when ... ...
  • Re L (Minors) (Police investigation: Privilege)
    • House of Lords
    • 21 March 1996
    ... ... between solicitor and client and that attaching to reports by third parties prepared on the instructions of a client for the purposes of litigation. In the former case the privilege attaches to all communications whether related to litigation or not but in the latter case it attaches only to ... ...
  • R (Morgan Grenfell & Company Ltd) v Special Commissioner of Income Tax
    • House of Lords
    • 16 May 2002
    ... ... The second was that they were protected by legal professional privilege ("LPP"). The inspector invoked his power under section 20(1) of the Taxes ... preservation or creation by section 20B(2) of a limited form of litigation privilege in tax appeals, analogous to that enjoyed by a party to civil or ... ...
  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 March 1988
    ... ... case raises an important point concerning legal professional privilege. Boardly, the issue is whether such privilege extends only to ... privilege now extends beyond legal advice in regard to litigation. But how far? ... 16 Mr Lightman, counsel for the ... ...
  • R (Prudential Plc) v Special Commissioner of Income Tax
    • Supreme Court
    • 23 January 2013
    ... ... on the ground that the documents are covered by legal advice privilege (LAP), in a case where the legal advice was given by accountants in ... privilege, whose sub-heads are legal advice privilege and litigation privilege". This case is concerned with the first of those subheads, legal ... ...
  • Ventouris v Mountain
    • Court of Appeal (Civil Division)
    • 08 February 1991
    ... ... classes were protected from production by legal professional privilege. Some of the classes (for example, the original diary kept by GDV) the ... were instructed] for the purposes of the anticipated or pending litigation. Whatever the original purpose for which they were brought into existence, ... ...
  • Breakspear and Others v Ackland and another
    • Chancery Division
    • 19 February 2008
    ... ... questions of disclosure, and will therefore be a recipe for litigation. In the context of the likely asset base of even wealthy families, the ... in the working out of the principles of legal professional privilege, litigation privilege, and public interest immunity, as well as in the ... ...
  • Reynolds v Times Newspapers Ltd
    • House of Lords
    • 28 October 1999
    ... ... issues at the trial were: the meaning of the article, qualified privilege at common law, justification, malice and damages. During the trial the ... meet the Sullivan test but often do so by succeeding in actual litigation ... 138 What is being proposed for the appellants ... ...
  • Bolkiah (Prince Jefri) v KPMG (A Firm)
    • House of Lords
    • 18 December 1999
    ... ... work which a firm of accountants undertakes in the provision of litigation support services requires the court to exercise the same jurisdiction to ... is likely to have attracted litigation privilege, though not solicitor-client privilege, and it is conceded by K.P.M.G ... ...
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