Knowledge (XXG)

Legal professional privilege in England and Wales

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advice to be sought and given in confidence. In my judgment, therefore, the test is whether the communication or other document was made confidentially for the purposes of legal advice. Those purposes have to be construed broadly." The judge regarded construing the rule as applying only to communications specifically seeking or conveying advice as too narrow, preferring the following scope (p. 332): "Once solicitors are embarked on a ... transaction they are employed to ensure that the client steers clear of legal difficulties, and communications passing in the handling of that transaction are privileged (if their aim is the obtaining of appropriate legal advice) since the whole handling is experience and legal skill in action and a document uttered during the transaction does not have to incorporate a specific piece of legal advice to obtain that privilege."
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in the case of corporate clients, was not appealed and remains good, if controversial, law in England and Wales. In this case a group of employees of the corporate client had the specific delegated authority to seek and receive legal advice on behalf of the corporate client. Communications not exclusively between those specific individuals with delegated authority and the legal advisers, was not covered by legal advice privilege, even where the dominant purpose of these secondary communications was for receiving legal advice. The status of communications between individuals all with jointly delegated authority to seek and receive legal advice has yet to be tested, it may be that the "dominant purpose" test would apply to such internal communications between individuals jointly identified as the "client".
1100:(above, at p. 536): "The system of adversary forensic procedure with legal professional advice and representation demands that communications between lawyer and client should be confidential, since the lawyer is for the purpose of litigation merely the client's alter ego. So too material which is to go into the lawyers's (i.e. the client's) brief or file for litigation. This is the basis for the privilege against disclosure of material collected by or on behalf of a client for the use of his lawyer in pending or anticipated litigation". In 671:
there is an overriding principle that a defendant or potential defendant must be free to seek such evidence without being obliged to disclose the result of his finding to his opponent. Consequently, where a memorandum was prepared by a third party at the request of a potential defendant to enable him to obtain legal advice, the court would not order the third party to disclose the memorandum to the plaintiff, even though the third party was not at the time a potential defendant and was in effect sheltering the defendant's privilege.
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principle I would think that the purpose of preparing for litigation ought to be either the sole purpose or at least the dominant purpose of it: to carry the protection further into cases where that purpose was secondary or equal with another purpose would seem to be excessive, and unnecessary in the interest of encouraging truthful revelation. At the lowest such desirability of protection as might exist in such cases is not strong enough to outweigh the need for all relevant documents to be made available."
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to prepare for and conduct his case without, directly or indirectly, revealing the effect of that advice. ... But it is hard to see how these rights are infringed if a party is obliged to produce an original document which was in existence before litigation was in the air, and which a litigant or his legal adviser have obtained from a third party for the purposes of the litigation, but which the third party could himself be compelled to produce at the trial without any possible ground for objection."
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cover foreign legal advisers as English lawyers, provided only that the relationship of lawyer and client subsists between them. Any other conclusion would lead to an impossible position for if this court were required to investigate the position of such communications in foreign law, but what law governs the relationship of English client and foreign lawyer, at any rate, when no proceedings are in contemplation? There is no
475:(in effect any handling or involvement with any proceeds of any crime, or monies or assets representing the proceeds of crime, can be a money laundering offence in English law) to report them to the authorities without telling the clients they have done so, subject to a maximum punishment of 5 years in jail. However, the Court of Appeal confirmed in 2005 that PoCA does not override legal professional privilege. 597:, which has stated that the policy justification for legal advice privilege rests not simply on the right of the individual to obtain confidential legal advice, but also on the public interest in the observance of law and the administration of justice. The House therefore decided that legal advice privilege was to be given the scope commensurate with these wide policy considerations. To achieve this end, 572:
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 etiquette. They are subject to the same duties to their client and to the court. They must respect the same confidences. They and their clients have the same privileges. ... I speak, of course of their communications in the capacity of legal advisers.
901:(at p. 512) rejected the submission that a court should carry out a balancing exercise: "In the absence of principled answers to these questions , and I can see none, there is no escaping the conclusion that the prospect of a judicial balancing exercise in this field is illusory, a veritable will-o'-the-wisp. That in itself is a sufficient reason for not departing from the established law." 1193:, then without any other qualifying words in that document, then the addressee of the letter and the sender will not be entitled to refer to the document in the context of litigation. The rule applies not only to correspondence (of whatever form) but also to communications of any description which either are expressed to be or which by implication take place in a 939:
other business matters, the advice may lack a relevant legal context ... In cases of doubt the judge ... should ask whether the advice related 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."
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purpose of, actual or contemplated litigation. The litigation must be adversarial in nature (as opposed to inquisitorial or investigative). However, litigation privilege does not extend to cover documents obtained for the purpose of litigation if they came into existence before litigation was contemplated.
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and if it is clear from the surrounding circumstances that the parties were seeking to compromise the action, evidence of the content of those negotiations will, as a general rule, not be admissible at the trial and cannot be used to establish an admission or partial admission ... the question has to
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3 All ER 472. Lord Bingham said (at p. 612): "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
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AC 521. In this matter, Lord Wilberforce stated (at 532): "If one accepts that this important public interest can be overridden in order that the defendant may properly prepare his case , how close must the connection be between the preparation of the document and the anticipation of litigation? On
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A third party is not in general entitled to rely on a defendant's privilege in relation to a document which came into existence for the purpose of enabling the defendant to obtain legal advice pending litigation unless there is some common interest between the defendant and the third party. However,
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Communication not only with legal advisers but with other agents for the purpose of existing litigation or litigation then in contemplation are privileged if the document comes into existence at the request or on behalf of the legal advisor or for the purpose of obtaining his advice or to enable him
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QB 956. Here, Mervyn Davies J. stated (at 965): "I see no ground for ... allowing a solicitor to be questioned about what it is he may have received in a professional capacity from a third party. On the contrary, I think that to breach the blanket of privilege in the way suggested would erode to an
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The reading out of part of a document by counsel at trial, even without the client's express authority, amounts to a waiver of any privilege attaching to the document as a whole; however, mere reference to a document does not amount to a waiver of privilege. Following the rule of indivisibility of
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For legal advice privilege to apply, the communications in question must be between a professional legal adviser and their client with the sole or dominant purpose of giving or obtaining legal advice. The Court of Appeal judgement in Three Rivers No. 5, regarding the narrow construction of 'client'
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To be regarded as privileged, the communications must be confidential. Communications between a client and his solicitor which the client instructed his solicitor to repeat to the other party are not privileged, because such communications are not confidential. It is necessary that the solicitor or
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The right to inspect documents in English civil procedure is governed by CPR Part 31.15. Upon written notice, the party to whom a document has been disclosed has the right to inspect that document (if such inspection would be proportionate given the nature of the case) except where the party making
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28 Ch. D 287. Kay J. drew the following example: "The fact that the solicitor was the person who signed a letter to the other side cannot be a confidential communication. Suppose the solicitor himself were asked that question in the witness box; he could not claim privilege and would be obliged to
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Ch. 317. Here, Taylor LJ (at pp. 329–330), noting a historical divergence in the authorities regarding the scope of such privilege, stated that it was important therefore to return to the principle underlying the rule, and concluded: the purpose and scope of the privilege is still to enable legal
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Confidential communications between a client and his legal adviser are not privileged if made for the purpose of committing a fraud or crime. For these purposes, it is irrelevant whether the fraud is that of the client, the adviser or a third party acting through an innocent client. Fraud in this
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Legal advice tendered to a party, and thus privileged in the hands of that party, may nevertheless be discoverable to another party which has a common interest with the party holding the documents such that the party claiming discovery falls within the ambit of the confidence subject to which the
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The protection of privilege is not intended to extend to the relationship between a person and another who is not in fact a qualifies and practising lawyer, save in exceptional circumstances like those which arose in the Calley case, which is completely different from the current case: here, the
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P 306. In this case, Ormrod J (as he then was) stated (at p.311): "There is nothing to suggest that intended to limit the rule to legal advisers whose names appear on the roll of Solicitors of the Supreme Court or who are members of the English Bar. The basis of the privilege is just as apt to
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3 WLR 1274. Lord Scott (at p. 1,287) highlighted the necessity of a legal context for the communication: "If a solicitor becomes the client's 'man of business', and some solicitors do, responsible for advising the client on all matters of business, including investment policy, finance policy and
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They are, no doubt, servants or agents of the employer. For that reason thought they were in a different position from other legal advisers who are in private practice. I do not think this is correct. They are regarded by the law as in every respect in the same position as those who practice on
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Legal advice privilege extends to advice from salaried (in-house) legal advisers employed by government departments or commercial companies as much as from barristers and solicitors in private practice. The law does not regard the position of these employed legal advisors as being different from
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The client must be sure that what he tells his lawyer in confidence will never be revealed without his consent. Legal profession privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. It is a fundamental condition on which the
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15 EHRR 137, which stated at p. 160, para. 46: "It is clearly in the general interest that any person who wishes to consult a lawyer should be free to do so under conditions which favour full and uninhibited discussion. It is for this reason that the lawyer-client relationship is, in principle,
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In contrast to legal advice privilege (where the relevant category of communications is broadly-construed), for litigation privilege to apply, communications to and from a professional legal adviser or third party (or between them) must take place in the context of, and for the sole or dominant
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All statements made at joint consultations between parties and their respective solicitors and counsel, even though made by one party to the solicitor or counsel of the other party, are privileged. So are communications made in a professional capacity for the purpose of giving or receiving
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correspondence, which may not be waived without the consent of both parties. A document in respect of which privilege is waived in one action cannot necessarily be used by the opposite party in a subsequent action between the same litigants unless the privilege is once again waived.
716:. The Chairman of HMRC in February 2010 criticised lawyers who exploited this difference to compete with accountants for clients, saying that he would crush any instances of law firms saying "bring your tax issues to us so we can ensure that HMRC can never get access to them". 692:, which embraces, for example, a plan to enter into transactions at an undervalue to prejudice the client's creditors. However, disclosure of such documents in such circumstances will only be ordered by a court if a particularly strong prima facie case of fraud is shown. 491:
outlook of the CPR. Privilege discloses a substantive right to keep privileged material confidential not only in the context of litigation, but generally. Privilege extends beyond a mere evidential rule, and has been regarded as a fundamental principle of justice:
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Legal advice privilege also applies to communications with foreign lawyers, where the necessary relationship of lawyer and client exists. It does not extend to advisors who are not legally qualified or to communications with members of other professions.
610:, the court should ask (a) whether the advice related to the rights, liabilities, obligations or remedies of the client under either private or public law; and, if so, (b) whether the communication fell within the policy justification for the privilege. 1104:, the contemplated legal proceedings were family law care proceedings, which were not to be regarded as adversarial in nature, not being based upon the rights of the parents, but focused on a determination of the future of a child. 1014:
Defendants had no good reason to believe that they were employing solicitors or barristers because they were employing Knowles which does not profess to be offering the services of qualified practising solicitors and barristers.
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Litigation privilege is only engaged in the context of adversarial proceedings, which excludes investigative or inquisitorial proceedings, such as family law care proceedings. For the purpose of legal advice privilege, the term
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AC 1280 at 1299 stated: "The rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence. A competent solicitor will always head any negotiating correspondence
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to make clear beyond doubt that in the event of the negotiations being unsuccessful they are not to be referred to at the subsequent trial. However, the application of the rule is not dependent upon the use of the phrase
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The test for legal advice privilege is to establish whether the communication in question was made confidentially for the purpose of legal advice – construing such purposes broadly. That breadth was emphasized by the
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be looked at more broadly and resolved by balancing two different public interests namely the public interest in promoting settlements and the public interest in full discovery between parties to litigation."
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could not be narrowly construed to be limited to advice on the client's legal rights and liabilities. It would be broadly construed, to include advice as to what should prudently and sensibly be done in the
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The court may not order disclosure of documents held by solicitors on behalf of clients who are not parties to the action if neither the solicitors nor the clients were involved in any relevant wrongdoing.
441:. It is seen as a fundamental principle of justice, and grants a protection from disclosing evidence. It is a right that attaches to the client (not to the lawyer) and so may only be waived by the client. 885:
privileged." The Court decided that the routine opening of correspondence flowing between a secure category prisoner and his solicitor by the prison authorities violated the prisoner's Article 8 rights.
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Privilege does not extend to facts communicated by the solicitor to the client which cannot be the subject of a confidential communication, even though such facts have a relation to the client's case.
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CPR 31.6: "Standard disclosure requires a party to disclose only: (a) the documents upon which he relies; and (b) the documents which (i) adversely affect his own case; (ii) adversely affect another
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Privilege is absolute, in the sense that once it is established, it may not be weighed against any other countervailing public interest factor, but may only be overridden expressly by statute.
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waiver, the disclosure of part of a letter pursuant to a general order for discovery constitutes a waiver of privilege in respect of the whole contents of the letter.
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professional advice, including information received by a solicitor in a professional capacity from a third party and communicated to the client.
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mean "without prejudice to the writer of the letter if the terms he proposes are not accepted". If an item of correspondence is marked
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case; or (iii) support another party's case; and (c) the documents which he is required to disclose by a relevant practice direction."
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Legal professional privilege may be waived unilaterally by the client. This should be contrasted with the privilege which attaches to
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unacceptable degree the wholesome protection that has been provided by the law for the reasons explained by Lord Brougham in
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Lawyers are protected by professional privilege from having to disclose advice that they may provide on clients'
202: 91: 872:, para 10. The former case gives a vivid and succinct history of the concept of privilege in English common law. 778: 644:
In both categories of privilege (legal advice privilege and litigation privilege) the privilege is that of the
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protects confidential communications between lawyers and their clients for the purposes of giving or obtaining
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does not extend to documents produced by employees for the purpose of being sent to the client's solicitor.
768: 763: 484: 468: 728: 713: 284: 144: 106: 86: 456:) Rule 31.6. A party makes disclosure of a document by stating that the document exists or has existed. 402: 255: 159: 129: 124: 537:
protects confidential communications among lawyers, clients and third parties made for the purposes of
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is refused, and is regarded as a fundamental principle of justice. It is an exception to the general
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is not defined in the CPR itself, and so carries the meaning attached to it through case law. In
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R (on the application of Morgan Grenfell & Co Ltd) v Special Commissioner of Income Tax
1387: 1364: 986:. The nationality of the foreign lawyer is as irrelevant as his address for this purpose." 314: 182: 115: 101: 996: 736: 724: 594: 260: 154: 33: 712:
do not enjoy such privilege, and are under general obligations to make disclosures to
648:, not of the lawyer or of the third party. Thus, only the client may waive privilege. 1435: 96: 66: 577: 528: 390: 376: 1426: 1298:
Formic Ltd v Secretary of State acting by the Export Credits Guarantee Department
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claimed that it should not have to disclose tax advice received from accountants
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It is a fundamental human right recognised by the English common law, and by the
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Alfred Crompton Amusement Machines Ltd v Customs and Excise Comrs (No 2)
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barrister be consulted professionally and not in any other capacity.
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In July 2010, the legal professional privilege was the subject of a
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rule is not dependent on the use of those word. Lord Griffiths in
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Tate and Lyle International Ltd v Government Trading Corporation
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The majority of English civil cases are subject to the rules of
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R v Central Criminal Court, ex parte Francis & Francis
735:(ICAEW) intervened in support of change, but the court's 483:
Legal professional privilege is the principal reason why
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Court battle rages over legal privilege for tax advisers
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AC 16. Lord Jauncey quoted with approval Lord Simon in
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Institute of Chartered Accountants in England and Wales
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HMRC on warpath with law firm over 'secret' tax advice
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Three Rivers District Council v Bank of England (No 5)
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Three Rivers District Council v Bank of England (No 5)
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Proceeds of Crime Act 2002, sections 330 & 334(2)
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There are two forms of legal professional privilege:
999:Walter Lilly & Company Ltd v Mackay & Anor 739:in October rejected the extension of privilege to 479:The general nature of legal professional privilege 1274:Lee v South West Thames Regional Health Authority 460:disclosure has the right to withhold inspection. 1203:Rush & Tompkins Ltd v Greater London Council 1151:USP Strategies plc v London General Holdings Ltd 1238:Great Atlantic Insurance Co v Home Insurance Co 1139:Re L (minors) (police investigation: privilege) 1094:Re L (minors) (police investigation: privilege) 569: 494: 16:For the similar law in the United States, see 467:(PoCA) requires solicitors (and accountants, 410: 8: 1404:"ICAEW: Legal privilege rules 'unsustainable 497:administration of justice as a whole rests. 417: 403: 29: 1001:[2012] EWHC 649 (TCC) at para 17" 516:The scope of legal professional privilege 25:Legal professional privilege in Australia 895:R v Derby Magistrates' Court, ex parte B 866:R v Derby Magistrates' Court, ex parte B 800: 704:matters. In contrast, and unlike their 688:context is a wide concept extending to 558:Requirements for legal advice privilege 354: 273: 210: 167: 114: 48: 32: 854:) v Special Commissioner of Income Tax 1038:Re Sarah C Getty Trust, Getty v Getty 627:Beneficiaries of litigation privilege 614:Requirements for litigation privilege 471:, etc.) who suspect their clients of 7: 1185:, Lindley LJ stated that the words 1163:Anderson v Bank of British Columbia 1127:Anderson v Bank of British Columbia 666:Other parties and other proceedings 1346:Derby & Co Ltd v Weldon (No 7) 1226:Dinham v British Steel Corporation 606:. Where there was doubt about the 546:General requirements for privilege 14: 1286:Dubai Bank Ltd v Galadari (No 6) 868:AC 487, quoted with approval in 541:, either actual or contemplated. 437:has long been recognised by the 1177:23 QBD 335, CA. The meaning of 1081:Waugh v British Railways Board 503:European Court of Human Rights 23:For the law in Australia, see 1: 623:to prosecute the litigation. 1447:Legal professional privilege 435:legal professional privilege 325:Declaration against interest 193:Self-authenticating document 1262:Pozzi v Eli Lilley & Co 754:Accountant-client privilege 567:those in private practice: 507:Article 8 of the Convention 448:, which are set out by the 1463: 1427:Civil Procedure Rules 1998 465:Proceeds of Crime Act 2002 450:Civil Procedure Rules 1998 22: 15: 973:Re Duncan, Garfield v Fay 882:Campbell v United Kingdom 852:Morgan Grenfell & Co. 850:R (on the application of 759:Priest-penitent privilege 683:Fraud nullifies privilege 203:Hague Evidence Convention 92:Eyewitness identification 18:Attorney–client privilege 1197:situation. Clearly, the 1003:. BAILII. March 15, 2012 779:Public-interest immunity 469:insolvency practitioners 330:Present sense impression 140:Public policy exclusions 1334:Barclays Bank v Eustace 769:State secrets privilege 485:inspection of documents 729:PricewaterhouseCoopers 714:HM Revenue and Customs 608:relevant legal context 604:relevant legal context 582: 525:Legal advice privilege 499: 107:Consciousness of guilt 706:American counterparts 679:advice was tendered. 256:Recorded recollection 1114:Ventouris v Mountain 1043:Greenhough v Gaskell 911:Conlon v Conlons Ltd 764:Reporters' privilege 535:Litigation privilege 290:in United States law 1310:R v Cox and Railton 1055:Belabel v Air India 774:Admissible evidence 710:British accountants 640:Waiver of privilege 446:standard disclosure 433:, the principle of 130:Laying a foundation 1386:2010-07-24 at the 1371:, 11 February 2010 1363:2010-02-20 at the 1300:1 Lloyd's Rep 692. 1264:Times, 3 December. 1252:LS Gaz R 3341, CA. 489:cards on the table 386:trusts and estates 266:Dead Man's Statute 231:Direct examination 188:Best evidence rule 1414:, 13 October 2010 1336:4 All ER 511, CA. 1213:without prejudice 1208:without prejudice 1199:without prejudice 1195:without prejudice 1191:without prejudice 1187:without prejudice 1179:without prejudice 980:and therefore no 654:without prejudice 431:England and Wales 427: 426: 347:Implied assertion 310:Dying declaration 305:Excited utterance 251:Proffer agreement 236:Cross-examination 49:Types of evidence 1454: 1415: 1407: 1401: 1395: 1378: 1372: 1355: 1349: 1343: 1337: 1331: 1325: 1319: 1313: 1307: 1301: 1295: 1289: 1288:Times, 22 April. 1283: 1277: 1271: 1265: 1259: 1253: 1247: 1241: 1235: 1229: 1223: 1217: 1175:Walker v Wilsher 1172: 1166: 1160: 1154: 1148: 1142: 1136: 1130: 1124: 1118: 1111: 1105: 1091: 1085: 1078: 1072: 1065: 1059: 1052: 1046: 1035: 1029: 1023: 1017: 1016: 1010: 1008: 993: 987: 970: 964: 958: 952: 946: 940: 933: 927: 920: 914: 913:2 All ER 462, CA 908: 902: 892: 886: 879: 873: 863: 857: 847: 841: 836: 830: 827: 821: 818: 812: 805: 784:Right to silence 743:other than law. 580: 473:money laundering 419: 412: 405: 342:Learned treatise 320:Ancient document 300:Business records 198:Ancient document 178:Chain of custody 30: 1462: 1461: 1457: 1456: 1455: 1453: 1452: 1451: 1432: 1431: 1423: 1418: 1412:Accountancy Age 1405: 1402: 1398: 1392:Accountancy Age 1388:Wayback Machine 1379: 1375: 1369:Accountancy Age 1365:Wayback Machine 1356: 1352: 1344: 1340: 1332: 1328: 1320: 1316: 1308: 1304: 1296: 1292: 1284: 1280: 1272: 1268: 1260: 1256: 1248: 1244: 1236: 1232: 1224: 1220: 1173: 1169: 1161: 1157: 1149: 1145: 1137: 1133: 1125: 1121: 1112: 1108: 1092: 1088: 1079: 1075: 1066: 1062: 1053: 1049: 1036: 1032: 1024: 1020: 1006: 1004: 995: 994: 990: 971: 967: 959: 955: 947: 943: 934: 930: 921: 917: 909: 905: 893: 889: 880: 876: 864: 860: 848: 844: 837: 833: 828: 824: 819: 815: 806: 802: 798: 793: 749: 723:case, in which 721:Court of Appeal 698: 685: 668: 642: 629: 616: 581: 576: 560: 548: 518: 481: 423: 315:Party admission 183:Judicial notice 125:Burden of proof 67:Real (physical) 28: 21: 12: 11: 5: 1460: 1458: 1450: 1449: 1444: 1434: 1433: 1430: 1429: 1422: 1421:External links 1419: 1417: 1416: 1396: 1394:, 22 July 2010 1373: 1350: 1338: 1326: 1314: 1302: 1290: 1278: 1266: 1254: 1242: 1230: 1218: 1167: 1155: 1153:EWHC 373 (Ch.) 1143: 1131: 1119: 1106: 1086: 1073: 1060: 1047: 1030: 1026:Slade v Tucker 1018: 988: 965: 953: 941: 928: 915: 903: 887: 874: 858: 842: 831: 822: 813: 799: 797: 794: 792: 791: 786: 781: 776: 771: 766: 761: 756: 750: 748: 745: 725:Prudential plc 697: 694: 684: 681: 667: 664: 641: 638: 628: 625: 615: 612: 595:House of Lords 574: 559: 556: 547: 544: 543: 542: 532: 517: 514: 480: 477: 425: 424: 422: 421: 414: 407: 399: 396: 395: 394: 393: 388: 379: 374: 369: 361: 360: 352: 351: 350: 349: 344: 339: 332: 327: 322: 317: 312: 307: 302: 297: 292: 287: 285:in English law 279: 278: 277:and exceptions 271: 270: 269: 268: 263: 261:Expert witness 258: 253: 248: 243: 238: 233: 228: 223: 215: 214: 208: 207: 206: 205: 200: 195: 190: 185: 180: 172: 171: 169:Authentication 165: 164: 163: 162: 157: 152: 147: 142: 137: 132: 127: 119: 118: 112: 111: 110: 109: 104: 99: 94: 89: 84: 79: 74: 69: 64: 59: 51: 50: 46: 45: 37: 36: 13: 10: 9: 6: 4: 3: 2: 1459: 1448: 1445: 1443: 1440: 1439: 1437: 1428: 1425: 1424: 1420: 1413: 1409: 1400: 1397: 1393: 1389: 1385: 1382: 1377: 1374: 1370: 1366: 1362: 1359: 1354: 1351: 1348:3 All ER 161. 1347: 1342: 1339: 1335: 1330: 1327: 1323: 1318: 1315: 1311: 1306: 1303: 1299: 1294: 1291: 1287: 1282: 1279: 1276:2 All ER 385. 1275: 1270: 1267: 1263: 1258: 1255: 1251: 1246: 1243: 1240:2 All ER 485. 1239: 1234: 1231: 1227: 1222: 1219: 1214: 1209: 1204: 1200: 1196: 1192: 1188: 1184: 1180: 1176: 1171: 1168: 1164: 1159: 1156: 1152: 1147: 1144: 1140: 1135: 1132: 1128: 1123: 1120: 1115: 1110: 1107: 1103: 1099: 1095: 1090: 1087: 1082: 1077: 1074: 1070: 1064: 1061: 1056: 1051: 1048: 1044: 1039: 1034: 1031: 1028:14 Ch. D 824. 1027: 1022: 1019: 1015: 1002: 1000: 992: 989: 985: 984: 979: 974: 969: 966: 962: 957: 954: 950: 945: 942: 937: 932: 929: 924: 923:Foakes v Webb 919: 916: 912: 907: 904: 900: 899:Lord Nicholls 896: 891: 888: 883: 878: 875: 871: 867: 862: 859: 855: 853: 846: 843: 840: 839:Bowman v Fels 835: 832: 826: 823: 817: 814: 810: 804: 801: 795: 790: 787: 785: 782: 780: 777: 775: 772: 770: 767: 765: 762: 760: 757: 755: 752: 751: 746: 744: 742: 738: 734: 730: 726: 722: 717: 715: 711: 707: 703: 695: 693: 691: 682: 680: 676: 672: 665: 663: 659: 656: 655: 649: 647: 639: 637: 635: 626: 624: 620: 613: 611: 609: 605: 600: 596: 590: 586: 579: 573: 568: 564: 557: 555: 552: 545: 540: 536: 533: 530: 526: 523: 522: 521: 515: 513: 510: 508: 504: 498: 493: 490: 486: 478: 476: 474: 470: 466: 461: 457: 455: 451: 447: 442: 440: 436: 432: 420: 415: 413: 408: 406: 401: 400: 398: 397: 392: 389: 387: 383: 380: 378: 375: 373: 370: 368: 365: 364: 363: 362: 358: 353: 348: 345: 343: 340: 338: 337: 333: 331: 328: 326: 323: 321: 318: 316: 313: 311: 308: 306: 303: 301: 298: 296: 293: 291: 288: 286: 283: 282: 281: 280: 276: 272: 267: 264: 262: 259: 257: 254: 252: 249: 247: 244: 242: 239: 237: 234: 232: 229: 227: 224: 222: 219: 218: 217: 216: 213: 209: 204: 201: 199: 196: 194: 191: 189: 186: 184: 181: 179: 176: 175: 174: 173: 170: 166: 161: 158: 156: 153: 151: 148: 146: 143: 141: 138: 136: 133: 131: 128: 126: 123: 122: 121: 120: 117: 113: 108: 105: 103: 100: 98: 97:Genetic (DNA) 95: 93: 90: 88: 87:Demonstrative 85: 83: 80: 78: 75: 73: 70: 68: 65: 63: 60: 58: 55: 54: 53: 52: 47: 43: 39: 38: 35: 31: 26: 19: 1411: 1399: 1391: 1376: 1368: 1353: 1345: 1341: 1333: 1329: 1321: 1317: 1309: 1305: 1297: 1293: 1285: 1281: 1273: 1269: 1261: 1257: 1249: 1245: 1237: 1233: 1225: 1221: 1212: 1207: 1202: 1198: 1194: 1190: 1186: 1182: 1178: 1174: 1170: 1165:2 Ch. D 644. 1162: 1158: 1150: 1146: 1138: 1134: 1129:2 Ch. D 644. 1126: 1122: 1113: 1109: 1101: 1097: 1093: 1089: 1080: 1076: 1068: 1063: 1054: 1050: 1042: 1037: 1033: 1025: 1021: 1012: 1005:. Retrieved 998: 991: 981: 977: 972: 968: 963:at page 129. 960: 956: 948: 944: 935: 931: 922: 918: 910: 906: 894: 890: 881: 877: 869: 865: 861: 849: 845: 838: 834: 825: 816: 803: 718: 699: 689: 686: 677: 673: 669: 660: 652: 650: 645: 643: 633: 630: 621: 617: 607: 603: 599:legal advice 598: 591: 587: 583: 578:Lord Denning 570: 565: 561: 553: 549: 534: 529:legal advice 524: 519: 511: 500: 495: 488: 482: 462: 458: 453: 445: 443: 428: 391:Criminal law 334: 160:Similar fact 40:Part of the 1442:English law 1324:AC 346, HL. 1312:14 QBD 153. 1071:3 WLR 1274. 741:professions 295:Confessions 246:Impeachment 135:Materiality 82:Inculpatory 77:Exculpatory 62:Documentary 1436:Categories 1007:August 25, 796:References 789:Shield law 696:Tax advice 539:litigation 439:common law 357:common law 336:Res gestae 221:Competence 145:Spoliation 951:2 QB 102. 226:Privilege 212:Witnesses 150:Character 116:Relevance 57:Testimony 1384:Archived 1361:Archived 1228:CLY 115. 983:lex fori 926:answer." 897:AC 487. 856:1 AC 563 820:CPR 31.3 747:See also 737:judgment 690:iniquity 575:—  377:Property 367:Contract 241:Redirect 34:Evidence 809:party's 275:Hearsay 72:Digital 1183:Walker 1141:AC 16. 961:Ibid., 731:. The 646:client 634:client 355:Other 44:series 1098:Waugh 978:forum 452:(the 382:Wills 359:areas 155:Habit 1102:Re L 1009:2019 463:The 372:Tort 102:Lies 1067:In 702:tax 454:CPR 429:In 42:law 1438:: 1410:, 1390:, 1367:, 1045:". 1011:. 708:, 509:. 384:, 1408:" 1406:' 997:" 531:. 418:e 411:t 404:v 27:. 20:.

Index

Attorney–client privilege
Legal professional privilege in Australia
Evidence
law
Testimony
Documentary
Real (physical)
Digital
Exculpatory
Inculpatory
Demonstrative
Eyewitness identification
Genetic (DNA)
Lies
Consciousness of guilt
Relevance
Burden of proof
Laying a foundation
Materiality
Public policy exclusions
Spoliation
Character
Habit
Similar fact
Authentication
Chain of custody
Judicial notice
Best evidence rule
Self-authenticating document
Ancient document

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