2005•Singapore Academy of Law journalRequires access

The Three Rivers District Council Saga: New Issues of Professional Privilege for a Singapore Court to Decide

Jeffrey Pinsler

Abstract

Recent case law in England raises deep concerns about the scope of legal professional privilege in two main respects: first, whether communications (pertaining to legal advice) between a company's employees (on behalf of the company) and its lawyers are protected in favour of the company and second, whether communications between the company and its lawyers must have a specific legal consequence (as opposed to merely broad legal advice) in order justify the operation of the privilege. These issues will also be examined in the context of s 128 of the Evidence Act which, being a vestige of the 19th century, falls short of the demands of the modern commercial environment.

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Key concepts: Privilege (computing), Legal advice, Scope (computer science), Law, Publishing, Project commissioning, Context (archaeology), Order (exchange)