8E. Saving for advocates and solicitors

Question 1

8E. Saving for advocates and solicitors

Answer 1

General overview
[8E.01] Section 8E clearly follows on from s 8D to grant professional privilege in relation to a document which is the subject of communication between an advocate and solicitor in that capacity and the relevant person in the corporation.

Question 2

Professional privilege

Answer 2

[8E.02] Section 8E protects privilege communication between an advocate and solicitor and his client, which would be the corporation and its officers and employees. Legal advice privilege would not be extended to communications in connection with advice given by professional persons other than lawyers, even where that advice was legal advice which the professional person was qualified to give (in the case itself, a firm of accountants giving legal advice on a tax issue): R (Prudential plc & Anor) v Special Commissioner of Income Tax & Anor (Institute of Chartered Accountants of England and Wales & Ors intervening) [2013] UKSC 1; [2013] 2 WLR 325 . Hence, ss 8A and 8B shall not be applied to an advocate and solicitor to require him to produce any document that was in his possession that relates to the affairs of the corporation

[8E.03] Where the advocate and solicitor refuses to produce the document he shall nevertheless be obliged to give the name and address (if he knows them) of the person who made that privilege communication with him.