Privilege: Difference between revisions

Privilege (view source)

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 <del>There is none, now that {{casenote|Serious Fraud Office|Eurasian Natural Resources Corporation}} is a thing.</del> '''[[Andrews J]]’s High Court judgment in {{casenote|Serious Fraud Office|Eurasian Natural Resources Corporation}} has been overruled... more to follow.'''
-OK this is possibly overstretching it. But:
+In the High Court, [[Andrews J]] held:
-*General '''{{t|Legal advice privilege}}''' covers only communications actually between you and your solicitor (you being that part of your corporate organisation given over to doing things like speaking to lawyers), and not communications between your employees in the process of preparing to communicate with said solicitor (See the [[Three Rivers]] case); and
+*General '''{{t|Legal advice privilege}}''' covers only communications actually between you and your solicitor (“you” being that part of your corporate organisation given over to doing things like speaking to lawyers — i.e., the [[legal eagles]]), and not communications between your ''other'', non-[[legal eagles|legal]] employees when preparing to communicate with said solicitor (See {{casenote1|Three Rivers No. 5}}); and
-*'''{{t|Litigation privilege}}''' is a more powerful, deeper magic, but it must be sent with the sole or dominant purpose of preparing for contemplated litigation, and litigation doesn’t include regulatory investigations, commissions of enquiry or the proceedings of a regulator.
+*'''{{t|Litigation privilege}}''' is a more powerful, deeper magic, but communications must be sent with the “sole or dominant purpose of preparing for contemplated litigation”, and “litigation” doesn’t include regulatory investigations, commissions of inquiry or the proceedings of a regulator.
+In the Court of Appeal they took a different view.
 {{seealso}}