Erosion of privilege—are we at the thin end of the wedge, asks David Owen
In its February 2017 guidance note Legal Professional Privilege, the Law Society said: ‘Legal professional privilege (LPP) is one of the highest rights recognised by English law. It arises when clients approach lawyers for legal advice or for assistance with resolving contentious issues. LPP, which has existed for over 400 years, is treated under English law as a fundamental common law right and as a human right. It is a necessary corollary of the right of every person to seek legal advice and it plays a crucial role in ensuring the proper administration of our justice system. Accordingly, it is a precious right, vigorously protected by our judiciary and usually treated with the utmost respect by parliament when it legislates.’
The Law Society felt compelled to issue such strongly worded guidance in response to the significant challenges faced by LPP, a fundamental right which, it is important to remember, belongs to clients not lawyers.
The challenges have
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