House of Lords rules in privilege case
In an earlier Communiqué we wrote about important developments in the law about the protection of privilege. We discussed the issues raised by the Court of Appeal in the BCCI case.
The House of Lords has now allowed the Bank of England's appeal concerning legal advice privilege in connection with the Bingham Inquiry into the collapsed bank BCCI. The extent to which communications with your clients is privileged is affected by this case.
Earlier rulings found that legal advice privilege does not extend to solicitor-client communications where the dominant purpose is not the obtaining of advice and assistance but, for example, advice as to how material should best be presented to a judicial inquiry.
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