Privilege: Three Rivers Runs Through It

Mondaq Business Briefing › United Kingdom Law Articles in English (2003)

Author: Mr Robert Hogarth

Author position: Reynolds Porter Chamberlain

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Extract

Privilege: Three Rivers Runs Through It

First published June 2003

In Three Rivers the Court of Appeal has ruled that the scope of legal advice privilege for documents created in the absence of actual or threatened litigation is very limited. In house lawyers need to be very alert to this, particularly when faced with regulatory investigations

The case was part of the complex BCCI litigation and the brief facts are as follows:

In...

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