References: , [1833] EngR 333, (1833) 1 My & K 98, (1833) 39 ER 618
Links: Commonlii
Coram: Lord Brougham LC
On a bill which sought to charge a solicitor with a fraud practised on the Plaintiffs in the course of proceedings on his client’s behalf, the Court refused to order the production of entries and memorandums contained in the Defendant’s books, or of written communications, made or received by him, relating to those proceedings, and admitted by the answer to he in the Defendant’s custody.
And, generally, it seems that a solicitor cannot be compelled, at the instance of a third party, to clisclose matters which have come to his knowledge in the conduct of professional business for a client, even though such business had no reference to legal proceedings, either existing or in contemplation.
Lord Brougham LC said: ‘The foundation of this rule is not difficult to discover. It is not (as has sometimes been said) on account of any particular importance which the law attributes to the business of legal professors, or any particular disposition to afford them protection, though certainly it may not be very easy to discover why a like privilege has been refused to others, and especially to medical advisers. But it is out of regard to the interests of justice, which cannot be upholden, and to the administration of justice, which cannot go on, without the aid of men skilled in jurisprudence, in the practice of the Courts, and in those matters affecting rights and obligations which form the subject of all judicial proceedings. If the privilege did not exist at all, every one would be thrown upon his own legal resources; deprived of all professional assistance, a man would not venture to consult any skilful person, or would only dare to tell his counsellor half his case. If the privilege were confined to communications connected with suits begun, or intended, or expected, or apprehended, no one could safely adopt such precautions as might eventually render any proceedings successful, or all proceedings superfluous.’
This case is cited by:
- Cited – Regina -v- Derby Magistrates Court Ex Parte B HL (Independent 27-Oct-95, Times 25-Oct-95, [1996] AC 487, Bailii, [1995] UKHL 18, [1996] 1 FLR 513, [1996] 1 Cr App R 385, (1995) 159 JP 785, [1996] Fam Law 210, [1995] 3 WLR 681, [1995] 4 All ER 526)
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . . - Cited – Prudential Plc and Another, Regina (on The Application of) -v- Special Commissioner of Income Tax and Another SC ([2013] WLR(D) 20, Bailii, [2013] UKSC 1, Bailii Summary, UKSC 2010/0215, SC Summary, SC)
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 . .