Companies Act · s 310E

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310E.
(1) For the purposes of this Part, information or a document is subject to legal privilege if -
(a) it is communication made between a lawyer and a client, or advocate or solicitor acting as such and the advocate or solicitor's employer, in connection with the lawyer giving legal advice to the client or the advocate or solicitor giving legal advice to the employer, as the case may be;
(b) it is a communication made between two or more lawyers acting for a client, or two or more advocates or solicitors acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the advocates or solicitors giving legal advice to the employer, as the case may be;
(c)
it is a communication made -
(i) between a client, or an employer of an advocate or solicitor, and another person;
(ii) between a lawyer acting for a client and either the client or another person; or
(iii) between advocate or solicitor acting as such for the advocate or solicitor's employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings
(including anticipated or pending legal proceedings) in which the client or employer, as the case may be, is or may be, or was or might have been, a party;
(d) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph
(a) or (b) and that is made or prepared by any person in connection with a lawyer or advocate or solicitor, or one or more of the lawyers or advocates or solicitors, in either paragraph giving legal advice to the client or the employer of the advocate or solicitor, as the case may be; or

Companies
CAP. 39 229
(e) it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph
(c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the advocate or solicitor, as the case may be, is or may be, or was or might have been, a party,
0
but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.
(2) In subsection (1) -
"client" in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client;
"employer" in relation to an advocate or solicitor includes -
(a) if the employer is one of a number of corporations that are related to each other under section 129A, every corporation so related as if the advocate or solicitor is also employed by each of the related corporations;
(b) if the employer is a public agency and the advocate or solicitor is required as part of the advocate's or solicitor's duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the advocate or solicitor is also employed by the other public agency or each of the other public agencies; and
(c) an employee or officer of the employer;
"lawyer" means a solicitor or a professional legal adviser, and includes an interpreter or other person who works under the supervision of a solicitor or a professional legal adviser.

230 CAP. 39
Companies
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s 310E

(1)

For the purposes of this Part, information or a document is subject to legal privilege if -

(a)

it is communication made between a lawyer and a client, or advocate or solicitor acting as such and the advocate or solicitor's employer, in connection with the lawyer giving legal advice to the client or the advocate or solicitor giving legal advice to the employer, as the case may be;

(b)

it is a communication made between two or more lawyers acting for a client, or two or more advocates or solicitors acting as such for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the advocates or solicitors giving legal advice to the employer, as the case may be;

(c)

it is a communication made -

(i)

between a client, or an employer of an advocate or solicitor, and another person;

(ii)

between a lawyer acting for a client and either the client or another person; or

(iii)

between advocate or solicitor acting as such for the advocate or solicitor's employer and either the employer or another person, in connection with, and for the purposes of, any legal proceedings

(including anticipated or pending legal proceedings) in which the client or employer, as the case may be, is or may be, or was or might have been, a party;

(d)

it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph

(a)

or (b) and that is made or prepared by any person in connection with a lawyer or advocate or solicitor, or one or more of the lawyers or advocates or solicitors, in either paragraph giving legal advice to the client or the employer of the advocate or solicitor, as the case may be; or

Companies

CAP. 39 229

(e)

it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph

(c)

and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the advocate or solicitor, as the case may be, is or may be, or was or might have been, a party,

but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.

(2)

In subsection (1) -

"client" in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client;

"employer" in relation to an advocate or solicitor includes -

(a)

if the employer is one of a number of corporations that are related to each other under section 129A, every corporation so related as if the advocate or solicitor is also employed by each of the related corporations;

(b)

if the employer is a public agency and the advocate or solicitor is required as part of the advocate's or solicitor's duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the advocate or solicitor is also employed by the other public agency or each of the other public agencies; and

(c)

an employee or officer of the employer;

"lawyer" means a solicitor or a professional legal adviser, and includes an interpreter or other person who works under the supervision of a solicitor or a professional legal adviser.

230 CAP. 39

Companies