Introduction

The recent decisions in Three Rivers v the Bank of England (arising out of the collapse of BCCI) provide food for thought as regards the protection afforded by the doctrine of legal professional privilege in the field of arbitration. Potential implications derive, in principal, from two statements of law. First, Lord Justice Longmore's interpretation of the House of Lords' decision in Re L (A Minor) (Police Investigation: Privilege) (1997) 1 A.C. 16 , as stating that "litigation privilege cannot exist in the context of non-adversarial proceedings": Three ...