‘Legal professional privilege’ 2: litigation privilege

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‘Legal professional privilege’ is a general term that describes both: (1) legal advice privilege and (2) litigation privilege. The former attaches to communications between solicitor and client only, but the latter can protect reports by third parties prepared on the instructions of a client for the purposes of litigation. In the former case, the privilege attached to all communications whether related to litigation or not, but in the latter case it attaches only to documents or other written communications prepared with a view to litigation.

This note explains litigation privilege…

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