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33 - United Kingdom

Published online by Cambridge University Press:  05 June 2013

Ronnie Fox
Affiliation:
Solicitor of the Senior Courts
Shira Auerbach
Affiliation:
J.D. Member of the New York Bar
Shirley Blair
Affiliation:
A&L Goodbody Associate
Kirsteen MacDonald
Affiliation:
Burness Paull & Williamsons LLP Associate
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Summary

Preliminary note

1. In England and Wales, the legal protection afforded to communications between lawyers and their clients is known as ‘legal professional privilege’ (LPP). This protection is intended to promote the rule of law and facilitate access to justice. LPP is a single privilege with two subheads: (i) legal advice privilege and (ii) litigation privilege.

Legal advice privilege protects communications between lawyer and client for the purpose of giving or receiving legal advice. These communications are generally covered by privilege, whether or not litigation is contemplated or in progress.

Litigation privilege protects communications between a lawyer (or his/her client) and a third party for the purpose of litigation. These communications are privileged only if litigation is contemplated or in progress. Litigation privilege does not protect other communications between lawyer and client; these are covered only by legal advice privilege.

2. Northern Ireland is a separate legal jurisdiction within the United Kingdom of Great Britain and Northern Ireland. The laws applicable in Northern Ireland are those Acts of Parliament or statutory instruments of the United Kingdom that are expressed to apply to Northern Ireland (in whole or in part) and Orders of the devolved Northern Ireland Assembly, together with statutory instruments made by departments of the Northern Ireland Executive. The principles of common law in Northern Ireland are very similar to those in England. Decisions of the civil courts in England are persuasive (but not binding, save for Supreme Court Decisions) in the Northern Ireland courts. The law in relation to LPP in England and Wales is largely the same in Northern Ireland.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2013

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References

R v. Derby Magistrates Court, ex p B [1996] AC 487, 507
Three Rivers District Council and Others v. Governor and Company of the Bank of England (No 5) [2003] QB 1556 (‘Three Rivers 5’)
Three Rivers District Council and Others v. Governor and Company of the Bank of England (No 6) [2005] 1 AC 610 (‘Three Rivers 6’)
, Bankim Thanki QC, The Law of Privilege, Oxford University Press, 2011, 132–3
Hilton v. Barker Booth & Eastwood (a firm) [2005] 1 WLR 567
R v. Braham and Mason [1976] VR 547
R (Bozkurt) v. South Thames Magistrates Court [2002] RTR 246; A Local Authority v. B [2009] 1 FLR 289
R (Prudential PLC) v. Special Commissioner of Income Tax [2011] 2 WLR 50
Dadourian Group International Inc. and Others v. Simms and Others [2008] EWHC 1784 (Ch)
Alfred Crompton Amusement Machines Ltd v. Customs and Excise Commissioners (No 2) [1972] 2 QB 102, 129 (CA)
AM&S Europe Ltd v. Commission of the European Communities [1983] QB 878
Wheeler v. Le Marchant [1881] 17 Ch D 675, 684
Descoteaux v. Mierzwinski [1982] 141 DLR (3d) 590
Kuwait Airways Corp. v. Iraqi Airways Co. [2005] 1 WLR 2734; R v. Central Criminal Court ex p Francis & Francis [1989] AC 346
Lillicrap v. Nalder & Son [1993] 1 WLR 94
O’Rourke v. Darbishire [1919] 1 Ch 320, aff'd [1920] AC 581
Micosta v. Shetland Islands Council [1983] SLT 483
Fraser v. Malloch [1895] 3 SLT 211, OH
Descoteaux v. Mierzwinski [1982] 141 DLR (3d) 590, 603
Arthur J. S. Hall and Co. v. Simons [2000] 3 AER 673
O’Rourke v. Darbishire [1920] AC 581
Finers (a firm) v. Miro [1991] 1 WLR 35
Proceeds of Crime Act 2002, ss 327–9; Bowman v. Fels [2005] 1 WLR 3083
Foxley v. United Kingdom [2000] 31 EHRR 637
Re Murjani (a bankrupt) [1996] 1 All ER 65
Criminal Justice and Police Act 2001, ss 50–66 and Schedule 1; see also R v. Central Criminal Court ex p Francis & Francis [1989] AC 346
McE v. Prison Service of Northern Ireland [2009] AC 908
Dwyer v. Collins [1852] 7 Ex 639
R v. Crown Court at Manchester, ex p Rogers [1999] 1 WLR 832
Ex Parte Campbell [1870] 5 Ch App 703
Brown v. Bennett [2001] All ER (D) 246
R (Morgan Grenfell & Co. Ltd) v. Special Commissioner of Income Tax [2002] 2 WLR 1299
Parry-Jones v. Law Society [1969] 1 Ch 1

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