Commentary

A7.226 Scope of legal professional privilege

Administration and compliance

A7.226 Scope of legal professional privilege

A7.226 Scope of legal professional privilege

At common law a client can assert confidentiality in relation to:

  1.  

    •     communications between him and his lawyer made for the purpose of obtaining and giving legal advice

  2.  

    •     communications between him or his lawyer and third parties the dominant purpose of which was the preparation for actual or contemplated litigation, and

  3.  

    •     items enclosed with or referred to in such communications and brought into existence for the purpose of obtaining the advice

In the House of Lords case of Francis & Francis (a firm)1 both Lord Griffiths and Lord Goff thought that the Police and Criminal Evidence Act 1984, s 10 was intended to be a statutory enactment of the common law of legal privilege and hence it is worth setting out here as an effective codification of the common law.

Police and Criminal Evidence Act 1984, s 10 provides:

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