On 1st August, Clyde & Co published a briefing providing a brief overview of some of the recent case law concerned with legal professional privilege (LPP), flagging a number of themes to watch in the coming months. It starts by reminding one what the term means –
Legal Professional Privilege – by way of a reminder:
Litigation privilege applies to: confidential communications between a client and their lawyer, or either of them and a third party, when litigation is in reasonable contemplation or has been commenced; and the communication is made for the dominant (although not necessarily sole) purpose of obtaining information or advice in connection with, or of conducting or aiding the conduct of, such litigation.
Legal advice privilege applies to: confidential communications between a client and their lawyer; which came into existence for the purpose of giving or seeking advice in a relevant legal context.
It then goes on to examine various cases over the few months, including privilege in the case of an SAR, and does the ‘dominant purpose test’ also apply in the context of legal advice privilege?
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