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PRIVILEGE: Litigation privilege – the dominance matrix

22 November 2013  

Clare Arthurs and Phillip D’Costa find out about recent developments in privilege

Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order to allow the client unrestricted access to the lawyer’s professional skills and judgment. However, as the recent case of Tchenguiz v Director of the Serious Fraud Office [2013] demonstrates, the courts will look behind the labels applied to a communication and test whether in fact the shield of privilege should be allowed to operate.

Additional Info

  • Case(s) Referenced:

    R (Prudential plc) v Special Commissioner of Income Tax [2013] UKSC 1

    Tchenguiz v Serious Fraud Office [2012] EWHC 2254 (Admin)

    Tchenguiz & anor v Serious Fraud Office & ors [2013] EWHC 2297 (QB)

    Three Rivers District Council & ors v Governor & Company of Bank of England [2004] UKHL 48

    USA v Philip Morris Inc & ors [2004] EWCA Civ 330

    Waugh v British Railways Board [1979] UKHL 2

    West London Pipeline and Storage Ltd & anor v Total UK Ltd & ors [2008] EWHC 1729

    Westminster International BV & ors v Dornoch Ltd & ors [2009] EWCA Civ 1323