Privilege - BPC Civil Litigation

Privilege Privileged documents must be disclosed (included on disclosure list) but not inspected. If claim document is "privileged" - must state grounds Privilege against Self-Incrimination Can be relied on where a criminal charge (arising from inspection) is more than a remote, contrived, fanciful possibility * where inspection/answering makes prosecution more likely/may be used in deciding to prosecute/prosecuting Only applies to documents incriminating that party, not spouse etc. Company/corporation may claim if has legal personality. Exceptions (cover most common situations): * Claims for infringement of intellectual property rights/passing off - evidence cannot be used to prosecute * Civil proceedings re property/trusts and theft offences and fraud offences * Proceedings under the Children Act, * some proceedings under the Banking Act. Legal Professional Privilege Belongs to client 2 types: 1. Legal Advice privilege 2. Litigation privilege Legal Advice Privilege Communications between client and legal rep made for purpose giving/receiving legal advice * "client" - person who retained legal rep * firms/companies - only covers personnel authorised to retain the legal rep * "legal advice": * explaining the law, * advising on what should be done in the legal context for permissible (non-dishonest) purposes # includes advice on how to present evidence. Three Rivers - Was the lawyer being asked, in his capacity as a lawyer, to give legal advice?