In-house Counsels: How Priviledged Are You?

In-House Counsels: How Privileged Are You? Article By: Leon Vincent Chann, ex-intern and current 3rd year NUS Law Student.The recent Singapore Court of Appeal case of ARX v Comptroller of Income Tax [2016] SGCA 56 sheds light on legal professional privilege (“LPP”), more specifically legal advice privilege, accorded to in-house counsels. The SGCA extensively discussed this issue and concluded that in-house counsels are indeed accorded LPP – via the common law before the 2012 amendments of the Evidence Act (Cap 97) and via both statutory and common law after the 2012 amendments. This article will firstly look at the requirements for the privilege to be attached to communications between in-house counsels and their clients, the requirements for the communications to be privileged…

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