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Article: Legal Advice Privilege - Who is the "Client"?(client-solicitor privilege narrowed due to recent court decision)
- Article from:
- Mondaq Business Briefing
- Article date:
- August 4, 2003
CopyrightCOPYRIGHT 2003 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Up till now solicitors and their clients have taken for granted the relatively wide scope of "legal advice privilege" protecting communications between solicitor and client for the purposes of giving and receiving legal advice. However, the Court of Appeal's recent decision in Three Rivers District Council and Others v The Governor and Company of the Bank of England appears to have narrowed the scope of this privilege.
The decision is somewhat contrary to the recent trend where legal professional privilege has been referred to by the Court as "a fundamental human right", and will be of particular concern to those preparing responses to "non-adversarial" ...