Application of legal professional privilege—LPP—and privileged circumstances
Application of legal professional privilege—LPP—and privileged circumstances

The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:

  • Application of legal professional privilege—LPP—and privileged circumstances

This Practice Note contains a table with some specific examples of where legal professional privilege (LPP) and privileged circumstances are likely to apply and where a suspicious activity report (SAR) to the National Crime Agency (NCA) is permitted or required.

For either LPP or privileged circumstances to apply the communication must satisfy all the relevant qualifying requirements. For further information, see Practice Note: Privilege, money laundering and terrorist financing.

There is no established list of communications or documents that benefit from LPP or privileged circumstances. This table contains a summary of current thinking and court findings.

Privilege is a complex area of law. If you are in any doubt as to whether LPP or privileged circumstances apply, you should seek specialist legal advice.

Communication LPP applies? If no, privileged circumstances exemption applies? SAR permitted or required?
Solicitor's bill of costs and statement of account Yes N/A No
Information from a prospective client to a lawyer before a retainer for the purpose of indicating the legal advice required Yes N/A No