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ICO lo
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.
litigation. (b) MOT see (a) above (c) GP’s medical records see (a) above (d) Medical expert’s report on injuries sustained (d) and (e) are covered by LPP (created by third parties when litigation was contemplated, for use in the litigation) (e) Witness statements sent from independent witnesses see (d) above (f) Photo of scene of
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