Legal Professional Privilege In England And Wales
In England and Wales, the principle of legal professional privilege has long been recognised by the common law. It is seen as a fundamental principle of justice, and grants a protection from disclosing evidence. It is a right that attaches to the client (not to the lawyer) and so may only be waived by the client.
The majority of English civil cases are subject to the rules of standard disclosure, which are set out by the Civil Procedure Rules 1998 (the CPR) Rule 31.6. A party makes disclosure of a document by stating that the document exists or has existed.
The right to inspect documents in English civil procedure is governed by CPR Part 31.15. Upon written notice, the party to whom a document has been disclosed has the right to inspect that document (if such inspection would be proportionate given the nature of the case) except where the party making disclosure has the right to withhold inspection.
The Proceeds of Crime Act 2002 (PoCA) requires solicitors (and accountants, insolvency practitioners, etc.) who suspect their clients of money laundering (a term covering a wide range of acquisitive criminal offences) to report them to the authorities without telling the clients they have done so, subject to a maximum punishment of 14 years in jail. However, the Court of Appeal confirmed in 2005 that PoCA does not override legal professional privilege.
Read more about Legal Professional Privilege In England And Wales: The General Nature of Legal Professional Privilege, The Scope of Legal Professional Privilege, General Requirements For Privilege, Requirements For Legal Advice Privilege, Requirements For Litigation Privilege, Beneficiaries of Litigation Privilege, Waiver of Privilege, Other Parties and Other Proceedings, Fraud Nullifies Privilege, Tax Advice
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