House of Lords to overturn Three Rivers ruling

The House of Lords today indicated that it will uphold the Bank of England’s appeal in the Three Rivers District Council case.

Lords Scott, Rodger, Carswell, Brown and Lady Hale gave the indication due to the implications their ruling will have on the ongoing BCCI litigation.

The Three Rivers council had requested disclosure of communications between the bank and their solicitors Freshfields Bruckhaus Deringer relating to the Bingham Inquiry on the collapse of BCCI.

Because the bank’s appeal was upheld, these documents will now be covered by legal advice privilege and are therefore undisclosable.

A reasoned judgment is expected in the autumn.

Lovells, led by Christopher Grierson and instructing Essex Court Chambers’ Gordon Pollock QC, advised Three Rivers, with Freshfields’ John Goddard instructing Jonathan Sumption QC of Brick Court Chambers for the bank. Linklaters partners Diana Good and Katie Bradford instructed Brick Court’s Sir Sydney Kentridge QC on behalf of the Law Society, who intervened in the hearing.