The two Court of Appeal judgments in Three Rivers appeared to undermine a long-established pillar of English Common Law: the right of clients to communicate with their legal advisers in confidence.
Although legal advice privilege was described by the House of Lords in Morgan Grenfell as a fundamental human right, in Three Rivers the Court of Appeal questioned whether, outside the sphere of litigation, privilege should exist at all. Now the House of Lords has given an indication that all may not be lost.
