The court set out the rationale for legal professional privilege: ‘Whether it is described as the right of the client or the duty of the lawyer, this principle has nothing to do with the protection or privilege of the lawyer. It springs essentially from the basic need of a man in a civilised society to be able to turn to his lawyer for advice and help, and if proceedings begin, for representation; it springs no less from the advantages to a society which evolves complex law reaching into all the business affairs of persons, real and legal, that they should be able to know what they can do under the law, what is forbidden, where they must tread circumspectly, where they run risks.’ and ‘Community law, which derives from not only the economic but also the legal interpretation of the member states, must take into account the principles and concepts common to the laws of those states concerning the observance of confidentiality, in particular, as regards certain communications between lawyer and client. That confidentiality serves the requirement, the importance of which is recognised in all of the member states, that any person must be able, without constraint, to consult a lawyer whose profession entails the giving of independent legal advice to all those in need of it.’
Judges:
Advocate-General Sir Gordon Slynn
Citations:
C-155/79, [1982] EUECJ C-155/79, [1983] 1 All ER 705, [1982] FSR 474, [1982] ECR 1575, [1983] 3 WLR 17, [1982] 2 CMLR 264, [1983] QB 878
Links:
Citing:
See Also – AM and S Europe Ltd v Commission of The European Communities ECJ 4-Feb-1981
Sir Gordon Slynn AG discussed legal advce priviege: ‘Whether it is described as the right of the client or the duty of the lawyer, this principle has nothing to do with the protection or privilege of the lawyer. It springs essentially from the basic . .
Cited by:
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
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 . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another Admn 14-Oct-2009
The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege.
Held: The material was not protected. . .
Cited – Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (Competition) ECJ 29-Apr-2010
ECJ (Opinion) Appeal Competition – Administrative procedure – Commission’s powers of investigation – Documents copied in the course of an investigation and later placed on the file – Protection of confidentiality . .
Cited – Akzo Nobel Chemicals and Akcros Chemicals v Commission ECFI 17-Sep-2007
Competition – Administrative procedure – Commission’s powers of investigation – Documents seized in the course of an investigation – Legal professional privilege protecting communications between lawyers and their clients – Admissibility. . .
Cited – Calland v Information Commissioner and The Financial Services Authority IT 8-Aug-2008
The claimant, being in a prolonged dispute with the Authority had requested copies (internal and external) of correspondence and other communications relating to him. The request was resisted on several grounds according to the nature of the . .
Lists of cited by and citing cases may be incomplete.
European, Legal Professions
Updated: 21 May 2022; Ref: scu.132923