The “long arm” of the police – how “confidential” are family proceedings? – UK Human Rights Blog

‘“Not very” seems to be the answer in the Court of Appeal decision in M (Children) [ 2019] EWCA Civ 1364 . Sir Andrew McFarlane upheld Keehan J’s decision to disclose the parents’ initial statement and position statement to the police following the initial interim care hearing. In family proceedings parents are advised that their evidence is confidential to those proceedings. They are encouraged to be open and frank and to understand that their children’s interests are the Court’s main concern. But something seems to be eroding these principles, a trend set since the case of Re H (Children) [2009] EWCA. The Court of appeal approved the test from Re C ( see below) and gave it the “fit for purpose” badge. The decision should be seen in the context of this being a police terrorism enquiry.’

Full Story

UK Human Rights Blog, 7th August 2019

Source: ukhumanrightsblog.com

Firm right to withhold privileged information, High Court rules – Law Society’s Gazette

Posted May 24th, 2019 in disclosure, law firms, news, privilege, trusts by tracey

‘The High Court has backed international firm Taylor Wessing over its refusal to disclose privileged information to the beneficiary of a Bahamian trust. Taylor Wessing was acting for the trustee of the Glennfinnan Settlement when a beneficiary of the trust requested personal data about parties to litigation in the Bahamas.’

Full Story

Law Society's Gazette, 23rd May 2019

Source: www.lawgazette.co.uk

Winstone v MGN- 39 Essex Chambers

‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’

Full Story

39 Essex Chambers, 28th February 2019

Source: www.39essex.com

High Court rejects evidence from law firm ‘whistleblower’ – Legal Futures

‘The president of the family division has rejected a wife’s application to admit the statement of a “whistleblower” inside her former husband’s legal team who sent the court privileged information.’

Full Story

Legal Futures, 5th March 2019

Source: www.legalfutures.co.uk

Fraud case shows importance of internal investigations – OUT-LAW.com

Posted January 15th, 2019 in confidentiality, contracts, database right, employment, fraud, news, privilege by tracey

‘A recent High Court case demonstrates that companies will usually need to carry out their own internal investigations before being able to successfully obtain certain court orders in cases of suspected employee fraud, an expert has said.’

Full Story

OUT-LAW.com, 14th January 2019

Source: www.out-law.com

Lucy Bone on Privilege in Internal Investigations- Littleton Chambers

Posted December 12th, 2018 in fraud, news, privilege, subsidiary companies, whistleblowers by sally

‘Internal investigations are increasingly being conducted by companies not only on regulatory grounds but also in response to employment issues such as whistleblowing and discrimination allegations. In SFO v ENRC [2018] EWCA Civ 2006, the Court of Appeal has significantly widened the scope of legal professional privilege in the context of an internal company investigation. It will now be easier for the employer to assert privilege over employees’ witness statements and other documents generated in an investigation.’

Full Story

Littleton Chambers, 26th November 2018

Source: www.littletonchambers.com

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

Full Story

4 New Square, 11th December 2018

Source: www.4newsquare.com

Auction house loses ‘dual purpose’ art litigation privilege case – OUT-LAW.com

Posted December 10th, 2018 in artistic works, auctioneers, counterfeiting, news, privilege by sally

‘An auction house has failed to establish litigation privilege over correspondence with experts about whether or not a painting it sold was counterfeit, in a case brought by the seller of that painting.’

Full Story

OUT-LAW.com, 10th December 2018

Source: www.out-law.com

No privilege for “purely commercial discussions” on settlement – Litigation Futures

Posted December 10th, 2018 in electronic mail, news, privilege by sally

‘“Purely commercial discussions” within a business about settling a dispute before litigation has begun are not protected by litigation privilege, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Letters to art experts not covered by litigation privilege – Litigation Futures

‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’

Full Story

Litigation Futures, 27th November 2018

Source: www.litigationfutures.com

Dissolved company’s files “still privileged”, says court – Legal Futures

Posted November 22nd, 2018 in company law, documents, enforcement, law firms, news, privilege by tracey

‘Legal professional privilege can protect the documents of a dissolved company from disclosure, the High Court has ruled in a case involving global firm Dentons.’

Full Story

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by tracey

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

Full Story

Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

Litigation trends: The Brexit zeitgeist – New Law Journal

‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’

Full Story

New Law Journal, 1st November 2018

Source: www.newlawjournal.co.uk

SFO will not appeal landmark litigation privilege ruling – OUT-LAW.com

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

Full Story

OUT-LAW.com, 3rd October 2018

Source: www.out-law.com

High Court rejects privilege claim in regulator request for documents – OUT-LAW.com

Posted September 18th, 2018 in documents, news, privilege by sally

‘Documents sought by the Financial Reporting Council (FRC) from Sports Direct in connection with an FRC investigation into Sports Direct’s auditor must be handed over, the High Court has ruled.’

Full Story

OUT-LAW.com, 17th September 2018

Source: www.out-law.com

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

Full Story

UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

Full Story

Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

Full Story

Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Overheard pub talk “showed solicitor’s redundancy was bogus” – Legal Futures

‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’

Full Story

Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

Full Story

Family Law, 1st August 2018

Source: www.familylaw.co.uk