Legal professional privilege in England and Wales information
For the similar law in the United States, see Attorney–client privilege.
For the law in Australia, see Legal professional privilege in Australia.
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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.[1] A party makes disclosure of a document by stating that the document exists or has existed.[2]
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 (in effect any handling or involvement with any proceeds of any crime, or monies or assets representing the proceeds of crime, can be a money laundering offence in English law) to report them to the authorities without telling the clients they have done so, subject to a maximum punishment of 5 years in jail.[3] However, the Court of Appeal confirmed in 2005 that PoCA does not override legal professional privilege.[4]
^CPR 31.6: "Standard disclosure requires a party to disclose only: (a) the documents upon which he relies; and (b) the documents which (i) adversely affect his own case; (ii) adversely affect another party's case; or (iii) support another party's case; and (c) the documents which he is required to disclose by a relevant practice direction."
^CPR 31.3
^Proceeds of Crime Act 2002, sections 330 & 334(2)
^Bowman v Fels [2005]
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