There was a distinction between a defendant having to reveal what had been said to a solicitor to rebut an allegation of recent fabrication and volunteering information about the legal advice over and above stating that the refusal to answer questions had been as a result of receiving such advice. Once a defendant or defendant's solicitor gave evidence of the content or the reason for advice given, legal professional privilege was waived.

[2006] EWCA Crim 1719

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