Limits on the art of advice privilege

14 July 2017 / David Burrows

Issue: 7754 / Categories: Features , Profession

David Burrows reflects on the limits of legal professional privilege, particularly in relation to legal advice privilege

Legal advice privilege (LAP) does not apply when a lawyer acts only as a ‘person of business’.
When may the ‘iniquity exemption’ exclude operation of LAP?
Legal advice to a party’s employees is not always covered by a legal professional privilege (LPP) exemption.

A blaze of press publicity greeted the judgment of Haddon-Cave J (a QBD judge) dated 15 December 2016 AAZ v BBZ & Ors [2016] EWHC 3234 (Fam), remarkable because in the absence of BBZ (H) he was ordered to provide to AAZ (W) assets worth just over £453bn. This sum included a modern art collection (estimated value £90,581,865). Less attention has been paid to a later judgment (20 December 2016) published at the same time as the first in which Haddon-Cave J considered the extent to which the dealings of the then solicitor for H (S) with the insurance of the art collection was covered by legal advice

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Limits on the art of advice privilege

David Burrows reflects on the limits of legal professional privilege, particularly in relation to legal advice privilege

Legal advice privilege (LAP) does not apply when a lawyer acts only as a ‘person of business’.
When may the ‘iniquity exemption’ exclude operation of LAP?
Legal advice to a party’s employees is not always covered by a legal professional privilege (LPP) exemption.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

Read All

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: Traders’ convictions quashed in Libor shock

The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

NLJ this week: Pro bono power without the red tape

Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ

NLJ this week: Trans pool player loses discrimination fight

Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ

Error message

Limits on the art of advice privilege

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan