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legal professional privilege (section 42) 20160413 Version: ICO lo legal professional privilege (section 42) Freedom of Information Act Contents Introduction .. 2 Overview .. 2 What FOIA says .. 2 General principles of the section 42 exemption .. 3 Two types of legal professional privilege .. 3 Litigation privilege .. 4 Advice privilege .. 4 It is essential to establish who is the legal adviser and who is the client .. 5 Who is the client? .. 5 Who is the legal adviser? .. 5 The meaning of communications under section 42 .. 6 Enclosures and attachments to a communication, and pre-existing documents .. 6 Illustrative scenarios .. 6 LPP and communications relating to crime.

Legal professional privilege (LPP) protects confidential communications between lawyers and clients: it is a fundamental principle of English law. Section 42 provides an exemption under FOIA for information ... though the inquiry was not a legal process. This was because the advice had a legal function; it was about whether the bank ...

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  Professional, Legal, Confidential, Privileges, Inquiry, Legal professional privilege

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