Greenough v Gaskell
1833 · 1 My & K 98
Posted By lanbuk.com
- Facts
- A solicitor was asked to disclose communications with his client about the client's affairs. No litigation was then pending. The other side said that privilege attached only when the advice was given for a case.
- Issue
- Does require that litigation has started, or is in prospect?
- Held
- No. Lord Brougham LC held that confidential communications between client and solicitor, for the purpose of obtaining legal advice, are privileged whether or not a dispute has begun.
- Principle
- Legal advice privilege protects the taking of advice. Litigation privilege is the separate limb, and it does require litigation, pending or contemplated.
- Why it matters
- Waugh is the dominant-purpose case on the litigation limb. Wheeler v Le Marchant is the case where there was no litigation in view, so the surveyor's reports were not privileged.
Words and Latin in this note
- Legal professional privilege
- A client's right not to disclose confidential communications with a lawyer for the purpose of legal advice, or documents made for the dominant purpose of litigation. It belongs to the client. Crime and fraud are outside it. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.