header-logo header-logo

Legal professional privilege

22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
printer mail-detail

Behague v Revenue and Customs Commissioners [2013] UKFTT 596 (TC), [2013] All ER (D) 120 (Nov)

A client engagement letter was a contract between the client and solicitor. The solicitor could not (and did not) give legal advice about the contract between himself and his client. In so far as the client engagement letter, therefore, set out the terms of the contract, it could not attract legal professional privilege (LPP) as the lawyer was not giving advice qua lawyer. However, all that depended on what the actual engagement letter said. If it went beyond setting out the terms on which the solicitor would act it might attract LPP at least in part. In particular, it was likely that an engagement letter would specify the particular matter or matters on which the solicitor was contracted to provide legal advice. LPP had to extend not only to the content of the legal advice but the fact that a person sought legal advice on any particular matter. Accordingly, to the extent that an engagement letter set out what the advice would cover, it should be subject to LPP.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll