Tag Archives: Three Rivers

No appeal against controversial decision in RBS case applying narrow interpretation of “client” for purposes of legal advice privilege

In a widely publicised decision last December arising out of the RBS Rights Issue Litigation (reported here), the High Court found that interviews conducted by a bank's solicitors with its employees were not covered by legal advice privilege as the … Continue reading

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High Court applies narrow interpretation of “client” for purposes of legal advice privilege

In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews conducted by a bank's solicitors with its employees were not covered by legal advice … Continue reading

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Article published on legal advice privilege

A recent Hong Kong Court of Appeal judgment has rejected the narrow approach to legal advice privilege established by the English Court of Appeal in Three Rivers No 5 and adopted a broader “dominant purpose” test more akin to the test that … Continue reading

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Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege

In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who from within a client organisation constitutes the "client" for the purposes of considering whether … Continue reading

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Hong Kong court applies narrow view of “client” for privilege purposes

The much discussed decision of the English Court of Appeal in Three Rivers District Council v Bank of England [2003] EWCA Civ 474 led to a risk that not all employees of a company or organisation will be considered part of … Continue reading

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Legal advice privilege and preparatory documents

A recent High Court case held that legal advice privilege protects confidential communications passing between a lawyer and his client and does not protect “preparatory” materials even if created for the purpose of enabling lawyers to advise: National Westminster Plc … Continue reading

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The House of Lords reaffirms the importance of legal advice privilege – but practical problems remain

The House of Lords has today handed down its much anticipated judgment in the Three Rivers litigation: Three Rivers District Council and Others v The Governor and Company of the Bank of England . On 29th July 2004 the Lords … Continue reading

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Court of Appeal overturns legal advice privilege decision

On 3 April 2003, the Court of Appeal handed down a judgment which defines the scope of legal advice privilege more narrowly than may previously have been assumed to be the case. In doing so, the Court of Appeal overturned … Continue reading

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