Q&As
Can confidential communications between a lawyer in one jurisdiction, and one in another jurisdiction, regarding a mutual client, fall under legal advice privilege, provided they are for the purpose of giving legal advice?
Legal professional privilege (LPP)
There are two different types of legal professional privilege—both of which protect the relevant information from Inspection.
Firstly, Legal advice privilege attaches to all communications made in confidence between a client and its legal adviser for the purpose of giving or obtaining legal advice (Price Waterhouse v BCCI).
Secondly, Litigation privilege protects from inspection—confidential communications whether oral or written, between the client (A) and third parties (C) and/or professional legal advisers (B) and third parties (C), or other documents created by or on behalf of A or B. For litigation privilege to apply, 'adversarial proceedings' must have commenced or must be ‘anticipated’, ‘apprehended‘, ‘contemplated’, ‘pending’ or ‘threatened’ at the time of the communication (Waugh v British Railways Board and Three Rivers v Bank of England (No 6)).
For information on the general principles associated with privilege, the rationale for those
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