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

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

  • Application of legal professional privilege—LPP—and privileged circumstances
  • Note 1
  • Note 2
  • Note 3
  • Note 4

Application of legal professional privilege—LPP—and privileged circumstances

This Practice Note reflects draft Legal Sector Affinity Group (LSAG) AML guidance, published on 20 January 2021. It awaits HM Treasury approval. Note that any content may be amended before the final version is published with the Treasury’s approval.

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.

Given the difficulty in interpretation, it is important to record your decision-making process to rebut any allegation of a failure to make a disclosure under section 330 of the Proceeds of Crime Act 2002 (POCA 2002). If there is evidence of the formation of a genuine, but mistaken belief that the information was subject to the privileged circumstance exemptions, the legal professional or the professional legal advisor may be able to benefit from the exemption under POCA 2002, s 330(6). It is important to note, however, that this is

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