Fraud or dishonesty must be distinctly alleged and as distinctly proved. It must be sufficiently particularised; and it is not sufficiently particularised if the facts pleaded are consistent with innocence.
‘for the perfect administration of justice, and for the protection of the confidence which exists between a solicitor and his client, it has been established as a principle of public policy that those confidential communications shall not be subject to production.’ Tat principle applies unless a purpose of the communication is itself to frustrate the process of law, ‘to help to evade the law by illegal conduct’ (Lord Lindley).
Earl of Halsbury LC, Lord Lindley
[1901] AC 196, [1900] 2 QB 163
Commonwealth
Cited by:
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Litigation Practice
Updated: 16 December 2021; Ref: scu.219416
