The law relating to legal professional privilege repeatedly made headlines last year as the House of Lords ruled on the long-running Three Rivers case. Earlier this year, that law was again under scrutiny as an interim issue to be dealt with in the commercial court by Mr Justice Aikens in the multi-party TAG litigation.
Three Rivers caused consternation among practitioners when it appeared the Court of Appeal had drastically curtailed the scope of privilege attaching to communications passing between clients and their legal advisers in non-litigious circumstances – so-called ‘legal advice privilege’.
