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I respectfully agree with the noble and learned Lord, Lord Brown, and perhaps refer to the point made by the noble Lord, Lord Forsyth. “Might” is less likely than “would”, but it is a realistic possibility, and it is not, with respect, speculative at all; it just means that it could happen in a realistic sense. In those circumstances, if a member of the public might...
There probably was because no was solicitor engaged. So privilege was not attracted at all.
The language is pretty clear. Subsection (1) of Clause 42 suggests that consent of both is required, while subsection (2) refers to the consent of the recipient alone.
Entered the House of Lords in 1999
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