Legal privilege widened by the High Court

December 1, 2017

A recent decision of the High Court has considered legal privilege – the rule in law that communications between a lawyer and solicitor are confidential. In the Matter of Edwardian Group Limited [2017] EWHC 2805 (Ch), the Court addressed the issue of whether a document can be protected by legal privilege because it reveals evidence of legal advice provided by a lawyer to a client.

 

Previous cases had ruled that any such documents would not attract legal privilege if they only inferred that legal advice was provided. However, in Edwardian Group the Court overruled these foregoing authorities by holding that a document only needs to ‘give a clue’ that legal advice was provided to attract the protection of legal privilege.

 

This decision will provide comfort to clients and lawyers alike by re-enforcing the protection of legal privilege – a long-standing legal rule that is essential to the trust and confidentiality that should be inherent in lawyer-client communications.

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