"The principle which runs through all these cases, and the many other cases which were cited, is that a man must be able to consult his lawyer in confidence, since otherwise he might hold back half the truth. The client must be sure that what he tells his lawyer in confidence will never be revealed without his consent. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. It is a fundamental condition on which the administration of justice as a whole rests."
“27 i) Litigation privilege is engaged when litigation is in reasonable contemplation. ii) Once litigation privilege is engaged it covers communications between parties or their solicitors and third parties for the purpose of obtaining information or advice in connection with the conduct of the litigation, provided it is for the sole or dominant purpose of the conduct of the litigation. iii) Conducting the litigation includes deciding whether to litigate and also includes whether to settle the dispute giving rise to the litigation. iv) Documents in which such information or advice cannot be disentangled or which would otherwise reveal such information or advice are covered by the privilege. v) There is no separate head of privilege which covers internal communications falling outside the ambit of litigation privilege as described above.”