United Kingdom: Court of Appeal confirms that legal advice given by non-lawyers does not attract legal professional privilege

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Following on from the recent European Court of Justice decision in Azko Nobel, in which the ECJ confirmed that in-house lawyers' advice does not attract legal professional privilge in connection with Commission's powers in relation to competition issues, the Court of Appeal in England and Wales has rather less controversially confirmed that it has no jurisdiction to extend the scope of legal professional privilege beyond legal advice given by qualified lawyers. In this article, Marie-Louise King of Druces LLP's commercial litigation and dispute resolution department examines the reasoning behind the Court of Appeal's decision and the potential change in the law following the introduction of Multi-Disciplinary Partnerships under the Legal Services Act 2007.

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