- Cited — Nippon Yusen Kabushiki Kaisha & Ors v Mark McLaren Class Representative Limited 2023-12-08
“…h cannot be overridden as a matter of case management or discretion: R v Derby Magistrates Court Ex p B [1996] AC 487; Three Rivers DC v Bank of England (No 6) [2005] 1 AC 610 at [25]. The Ruling has resulted in that principle being breached in this case, and would potentially do so in many other collective proceedings before the CAT…”
- Applied — Loreley Financing (Jersey) No 30 Limited v Credit Suisse Securities (Europe) Limited & Ors 2022-11-10
“…rements for litigation privilege, set out by Lord Carswell in Three Rivers District Council v Governor & Company of the Bank of England (No. 6) [2004] UKHL 48, [2005] 1 AC 610 at [102] and applied by this court in Director of the Serious Fraud Office v Eurasian Natural Resources Corpn Ltd [2018] EWCA Civ 2006, [2019] 1 WLR 791 at [64…”
- Cited — Candey Limited v Basem Bosheh & Anor 2022-08-01
“…a fundamental human right long established in the common law”; see also Lord Carswell in Three Rivers District Council v Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610 at [87].…”
- Followed — TBD (Owen Holland) Ltd v Simons & ors 2020-09-08
“…test for litigation privilege was stated by Lord Carswell inThree Rivers District Council v Governor and Company of the Bank of England (No. 6) [2004] UKHL 48, [2005] 1 AC 610 at [102] in the following terms:…”
- Cited — Sports Direct International Plc v The Financial Reporting Council 2020-02-18
“…[2005] 1 AC 610 at para. 35, legal advice privilege “should be given a scope that reflects the policy reasons that justify its presence in our law”. The emphasis in all the ca…”
- Cited — The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) 2020-01-28
“… (“Three Rivers (No 5)”) at [32], as commended by Lord Carswell in Three Rivers Council v The Governorand Company of the Bank of England (No 6) [2004] UKHL 48; [2005] 1 AC 610 (“Three Rivers (No 6)”) at [70]);…”
- Applied — Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor 2020-01-21
“…This passage was approved by the House of Lords in Three Rivers District Council v Bank of England (No.6) [2004] UKHL 48, [2005] 1 AC 610 at [38] (Lord Scott), [58] to [60] (Lord Rodger) [62] (Lady Hale) and [111] (Lord Carswell) and has been applied in many cases since (e.g. Director of the Seri…”
- Followed — BGC Brokers LP & Ors v Tradition (UK) Ltd & Ors 2019-11-18
“…spect to litigation privilege was stated by Lord Carswell in Three Rivers District Council v Governor and Company of the Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610 at [102] in the following terms:…”
- Explained — Addlesee & Ors v Dentons Europe LLP 2019-10-02
“…Scott explained in Three Rivers DC v Governor and Company of the Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610 at [35], legal advice privilege “should be given a scope that reflects the policy reasons that justify its presence in our law.” That, to my mind, is the key t…”
- Cited — WH Holding Ltd & Anor v E20 Stadium LLP 2018-11-30
“…It is now clear from the decision of the House of Lords in Three Rivers DC v Governor and Company of the Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610 that legal professional privilege is a single integral privilege, whose subheads are legal advice privilege and litigation privilege; and that litigation privi…”
- Cited — Kerman v Akhmedova 2018-02-27
“…ll-settled by the authorities: see, in particular, Three Rivers District Council and others v Governor and Company of the Bank of England (No 6)[2004] UKHL 48, [2005] 1 AC 610. The overarching principle is that confidential communications between client and solicitor for the purpose of obtaining legal advice – what the client tells t…”
- Cited — Kerman v Akhmedova 2018-02-27
“…sional privilege. As Lord Scott of Foscote said in Three Rivers District Council and others v Governor and Company of the Bank of England (No 6)[2004] UKHL 48, [2005] 1 AC 610, para 38:…”