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ARTICLE · 15 DECEMBER 2004

Legal Advice Privilege - Has Certainty Been Restored?

Pinsent Masons
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In a previous article, "Legal Advice Privilege - Has the House of Lords calmed troubled waters?"* we reported that the House of Lords had overturned the Court of Appeal's restrictive analysis of legal advice privilege in the <I>Three Rivers' </I>litigation.

United KingdomLitigation, Mediation & Arbitration
Joanne Garbett
Joanne Garbett

In a previous article, "Legal Advice Privilege - Has the House of Lords calmed troubled waters?"* we reported that the House of Lords had overturned the Court of Appeal's restrictive analysis of legal advice privilege in the Three Rivers' litigation1. Full reasons for the Law Lords' decision have only just been delivered. Whilst the Judgment does provide clarification on the scope of legal advice privilege, disappointingly the House of Lords declined to grapple with the Court of Appeal's narrow interpretation of "client" in the context of privileged lawyer/client communications.

*To view this article please click on ‘Next Page’ link at the bottom of this page.

It has long been accepted2 that there are two categories of legal professional privilege, namely legal advice privilege and litigation privilege.

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