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Legal professional privilege in the light of the Prudential case

Legal professional privilege (LPP) is a Common Law right that has developed over the past 400 years. It is designed to ensure that any person can feel confident in seeking advice about their legal rights and obligations - in particular, advice about litigation or potential litigation.

In doing so, they should have no worries that the information they provide, in confidence, about their circumstances will be passed on to a third party without their express permission. The intention is that absolute frankness in providing information will benefit the legal system and the rule of law.

Thus, the LPP came into being. It is described in the recent Prudential case as: