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Privilege Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Privilege notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Privilege Privileged documents must be disclosed (included on disclosure list) but not inspected. If claim document is "privileged" - must state grounds Privilege against Self-Incrimination Can be relied on where a criminal charge (arising from inspection) is more than a remote, contrived, fanciful possibility


where inspection/answering makes prosecution more likely/may be used in deciding to prosecute/prosecuting

Only applies to documents incriminating that party, not spouse etc. Company/corporation may claim if has legal personality. Exceptions (cover most common situations):


Claims for infringement of intellectual property rights/passing off - evidence cannot be used to prosecute


Civil proceedings re property/trusts and theft offences and fraud offences


Proceedings under the Children Act,


some proceedings under the Banking Act.

Legal Professional Privilege Belongs to client 2 types:

1. Legal Advice privilege

2. Litigation privilege Legal Advice Privilege Communications between client and legal rep made for purpose giving/receiving legal advice


"client" - person who retained legal rep
* firms/companies - only covers personnel authorised to retain the legal rep


"legal advice":
* explaining the law,
* advising on what should be done in the legal context for permissible (non-dishonest) purposes
# includes advice on how to present evidence.

Three Rivers - Was the lawyer being asked, in his capacity as a lawyer, to give legal advice?

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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