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Professional Ethics

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Under What Circumstances Does<br />

Privilege Attach<br />

In Three Rivers District Council v Bank of England,<br />

Lord Scott of Foscote said:<br />

‘… legal advice privilege arises out of a<br />

relationship of confidence between lawyer and<br />

client. Unless the communication or document<br />

for which privilege is sought is a confidential<br />

one, there can be no question of legal advice<br />

privilege arising. The confidential character of<br />

the communication… is an essential<br />

requirement.'

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