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Article: Legal Advice Privilege Clarified by the Commercial Court - but Appeal is Pending.
- Article from:
- Mondaq Business Briefing
- Article date:
- February 10, 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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A recent Commercial Court decision has confirmed that legal advice privilege is not restricted to communications between a solicitor and client. The privilege extends to protect material brought into existence with the dominant purpose of obtaining legal advice, even if it is not an actual communication between a solicitor and client. For example, working papers and draft documents created with the dominant purpose that their contents be used to obtain legal advice will be protected, provided they are internal confidential material.
Background
This decision of Tomlinson J in Three Rivers District Council and Ors v The Governor and Company of the Bank of ...