Three Rivers District Council & Ors v The Bank of England

Three Rivers District Council & Ors v The Bank of England

Legal advice privilege does not extend to communications between the Bank of England and its solicitors where the dominant purpose was advice and assistance on the preparation and presentation of evidence to a non-statutory inquiry, rather than advice on the Bank's legal rights and obligations. The judge was correct to order further disclosure and to limit privilege to communications for the purpose of seeking or obtaining legal advice concerning rights and obligations.

Parties
Claimants (respondents): Three Rivers District Council & Others; Defendant (appellant): The Governor & Company of the Bank of England
Jurisdiction
England and Wales
Judgment Date
01 March 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Legal Advice Privilege, Disclosure of Documents
Civil Procedure Evidence Legal Professional Privilege Legal Advice Privilege Disclosure of Documents

Case Brief

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Parties

Three Rivers District Council & Others

Claimants (respondents)

The Governor & Company of the Bank of England

Defendant (appellant)

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether communications between the Bank of England and its solicitors (Freshfields) in the context of the Bingham Inquiry are protected by legal advice privilege.
  2. 2 Whether advice on the presentation of evidence to a non-statutory inquiry constitutes 'legal advice' for the purpose of privilege.

Ratio Decidendi

Legal advice privilege does not extend to communications between the Bank of England and its solicitors where the dominant purpose was advice and assistance on the preparation and presentation of evidence to a non-statutory inquiry, rather than advice on the Bank's legal rights and obligations. The judge was correct to order further disclosure and to limit privilege to communications for the purpose of seeking or obtaining legal advice concerning rights and obligations.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in accordance with the order as agreed between counsel.
  • Leave to appeal to the House of Lords refused.