The importance of clearly demonstrating who your
"client" is for the purposes of establishing Legal
Professional Privilege has once again been demonstrated by the case
of Re The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)
("RBS Rights Issue").
Legal Professional Privilege ("LPP") is an umbrella
term which comprises Legal Advice Privilege and Litigation
Privilege. Legal Advice Privilege ("LAP") enables a
client to obtain legal advice from their lawyer, without the worry
that the advice will be disclosed to a third party. This type of
privilege applies to confidential communications which pass between
a client and the client's lawyer, and which have come into
existence for the purpose of giving or receiving legal advice.
Litigation Privilege follows the principle that a litigant, or a
potential litigant, should be able to obtain information or
evidence to support their case without fearing disclosure of such
information to the 'other side'. In order to
