The law of legal professional privilege is of immense importance to clients, in-house counsel and external lawyers. This is the first publication which undertakes a critical evaluation of existing rules of legal professional privilege both in Singapore and across Commonwealth jurisdictions. It draws on applicable legislation, case law and academic commentary, and seeks to provide the reader with a sound doctrinal and analytical framework with which to approach the different aspects of this subject, as well as practical advice on how to assert and defend claims of privilege.
In addition to comparing legal professional privilege with other forms of privilege and objections to disclosure, this book examines the procedural and forensic issues surrounding an assertion of privilege, and discusses the substantive law (as contained in the Evidence Act and the common law) concerning legal advice privilege, litigation privilege, joint and common interest privilege, as well as exceptions to privilege and waiver. The reader’s attention is drawn to where Singapore law diverges from the law of other jurisdictions, and every effort has been made to make the law both clear and accessible.
1. An Introduction to Privilege
2. Legal Professional Privilege: The Common Law and the Evidence Act
3. Legal Professional Privilege: Other Issues
4. Legal Advice Privilege
5. Litigation Privilege
6. Joint and Common Interest Privilege
7. Exceptions to Privilege
8. Loss of Privilege
From the Foreword:
“I have no hesitation in commending this excellent book to all practitioners and in-house counsel. It should be the first port of call for research whenever the issue of legal professional privilege arises.”
Judge of Appeal
Colin Liew graduated with first class honours from St Peter’s College, Oxford University, where he was awarded the Martin Wronker prize as the top undergraduate student of his year, in addition to a number of other academic prizes. He served as a Justices’ Law Clerk to the judges of the High Court and Court of Appeal of Singapore, and was called to the Singapore Bar in 2012, before being admitted as a solicitor of the Senior Courts of England and Wales in 2015. He is in independent practice as a member of Essex Court Chambers Duxton (Singapore Group Practice) in Singapore and an overseas member of Essex Court Chambers in London, and has acted in or advised on a wide array of commercial disputes before the Singapore courts, and in arbitration under various institutional rules.