“…The enduring principle set out in R v Cox and Railton (1884) 14 QBD 153, and repeated down the years, is that a client must be free to consult his legal advisers without fear of his communications being revealed. It is therefore cr…”
“…Lord Taylor referred in his speech to two exceptions. The first was the exception recognised by Stephen J in Reg v Cox and Railton (1884) 14 QBD 153, often referred to as the iniquity exception, that privilege does not arise from a communication between a client and his lawyer for a criminal purpose. As to …”
“…In its origins the exception applied where a client consulted a lawyer in furtherance of crime or fraud: R v Cox and Railton (1884) 14 QBD 153. The exception does not retrospectively remove legal professional privilege. Rather, it prevents the privilege from arising in the first place. The public poli…”
“…n exception – what for shorthand I will label the ‘fraud exception’ – where legal professional privilege does not apply: see The Queen v Cox and Railton (1884) 14 QBD 153.…”