Article: Maintaining Legal Advice Privilege - Many Rivers to Cross.

Article by Barry Donnelly and Bruce J. Lincoln

In the most recent decision arising out of the case of Three Rivers District Council and BCCI SA v. The Governor and the Company of the Bank of England [2003] EWHC 2565 (4 November 2003), it has been necessary for the Court to clarify the meaning of "legal advice" following (and despite) the extensive analysis of legal advice privilege by the Court of Appeal earlier this year ([2003] EWCA Civ 474).

In the Court of Appeal, the BCCI Liquidators had sought disclosure of communications between the Bank of England's specially appointed Bingham Inquiry Unit ("BIU" -3 Bank of England officials) and the Bingham ...

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