A confidential communication between a lawyer and a client which was prepared for giving or receiving legal advice
Parry v Newsgroup Newspapers (memo of court / between parties not privileged)
Between lawyer and client
Three Rivers Case: BIU of the BofE was the client, not the bank itself.
For the purpose of giving/receiving legal advice
Balabel v Air India: Lawyer's wider non-legal advice is still privileged. It's the continuum of communication.
Three Rivers Case (HL): Presentational advice through legal spectacles was privileged.
Bank of Nova Scotia v Hellenic Mutual War Risks Association: Repeated advice is still privileged.
A document which is a confidential communication which passed between the lawyer and his client / third party, where the dominant purpose in creating the document is to obtain legal advice, evidence or information for use in the conduct of litigation which was at the time reasonably in prospect
Dominant purpose was for litigation
Waugh v British Railway Board: If two are equal, will not be privileged.
Re Highgrade Traders: The purpose is from the commissioner's, not the author.