Communications between a person and his legal adviser, who had been a solicitor, but at the time of the communications had, without his knowledge ceased to practise, are privileged. The communication had reference to the validity of a will, and passed between the Plaintiff and his legal adviser between the date of the will and the death of the testator. It was objected that they could not have taken place in contemplation of a suit respecting the validity of the will, and were therefore not protected.
Held: This did not take them out of the rule.
Judges:
Sir John Romilly MR
Citations:
[1854] EngR 734, (1854) 19 Beav 401, (1854) 52 ER 406
Links:
Jurisdiction:
England and Wales
Citing:
Disapproved – Fountain, Administrator of Crump, v Young, 28-Nov-1807
If the client mistakenly thinks the person he is obtaining legal advice from is a lawyer but the person is not in fact a lawyer then no privilege attaches . .
Cited by:
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 – Ford, Regina (on The Application of) v The Financial Services Authority Admn 11-Oct-2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 07 October 2022; Ref: scu.293591