Legal advice privilege extends to communication of information between lawyer and client

In Property Alliance Group Ltd v Royal Bank of Scotland Plc [2015] EWHC 3187 (Ch), the court upheld RBS's claim that legal advice privilege extends to communications made and documents created in the course of providing legal advice, including memoranda updating a client on the status of an investigation and notes of discussions between a client and his legal advisers.

Many employees and employers remain unaware of their duty of disclosure to the other side and to the tribunal. Generally speaking (and with exceptions) parties do not have to provide documents which may fall under legal advice privilege even if those documents contain important information relating to the dismissal of an employee.

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