Legal professional privilege under attack again (even Donald Trump thinks so!) – Hardwicke Chambers

Posted June 19th, 2018 in legal profession, news, privilege, solicitors by sally

‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’

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Hardwicke Chambers, 25th May 2018

Source: www.hardwicke.co.uk

Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

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Family Law, 18th June 2018

Source: www.familylaw.co.uk

ENRC sues Serious Fraud Office over ‘whistleblower failures’ – Law Society’s Gazette

‘The mining company at the centre of a row over professional privilege has called for an independent inquiry into the Serious Fraud Office (SFO), accusing the office of failing to investigate a whistleblower’s letter.’

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Law Society's Gazette, 14th June 2018

Source: www.lawgazette.co.uk

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

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OUT-LAW.com, 9th May 2019

Source: www.out-law.com

Bad news for barristers: SFO adopts AI-powered document review after successful test in Rolls-Royce case – Legal Futures

Posted April 11th, 2018 in artificial intelligence, barristers, documents, news, privilege by sally

‘The Serious Fraud Office (SFO) has bought a document review system backed up by artificial intelligence (AI) to improve significantly its document analysis capability – and put out of work barristers who it previously used to identify material subject to legal professional privilege.’

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Legal Futures, 11th April 2018

Source: www.legalfutures.co.uk

Uncertainty over privilege likely to lead to insurance case appeal – OUT-LAW.com

Posted March 21st, 2018 in disclosure, insurance, news, privilege by tracey

‘The High Court’s ruling that an insurance policy holder cannot be forced to disclose documents covered by litigation privilege is open to appeal because of apparent inconsistencies in the ruling’s approach to privilege.’

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OUT-LAW.com, 20th March 2018

Source: www.out-law.com

Data Protection Bill threat to legal privilege – The Bar Council

Posted March 8th, 2018 in barristers, bills, data protection, press releases, privilege by tracey

‘A Bill designed to give citizens more control over their data could end up stripping back the fundamental British right to confidential legal advice, the Bar has warned.’

Full press release

The Bar Council, 5th March 2018

Source: www.barcouncil.org.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

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Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

High Court rejects non-party litigation privilege claim – Litigation Futures

Posted February 27th, 2018 in civil procedure rules, disclosure, news, privilege by tracey

‘An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court.’

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Litigation Futures, 27th February 2018

Source: www.litigationfutures.com

High Court: legal privilege can apply to internal investigations on the right set of facts – OUT-LAW.com

Posted February 5th, 2018 in corruption, investigatory powers, news, privilege, taxation by sally

‘The High Court has confirmed that legal privilege can apply to investigations on the right set of facts, restoring some certainty to a position that has been up for debate since May 2017.’

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OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Judge dismisses disclosure bids ahead of £126m credit hire trial – Law Society Gazette

Posted January 16th, 2018 in claims management, consumer credit, disclosure, documents, law firms, news, privilege by tracey

‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’

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Law Society Gazette, 16th January 2018

Source: www.lawgazette.co.uk

Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers

Posted December 8th, 2017 in disclosure, evidence, news, privilege by sally

‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’

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Hardwicke Chambers, 5th December 2017

Source: www.hardwicke.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

High Court grants injunction to stop former in-house solicitor acting against ex-employer – Legal Futures

‘The High Court has granted an injunction restraining a former in-house solicitor from acting in proceedings against her former employer, saying that even if she was aware of the danger of disclosing confidential information, she might still subconsciously use it.’

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Legal Futures, 30th October 2017

Source: www.legalfutures.co.uk

Tribunal refuses to force council to disclose legal advice over costs of employment case involving mayor – Local Government Lawyer

Posted October 25th, 2017 in costs, disclosure, indemnities, local government, news, privilege, tribunals by michael

‘A member of the public has failed in a bid to force Liverpool City Council to disclose the legal advice behind its decision to pay the costs incurred by elected mayor Joe Anderson in an unfair dismissal case.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Podcast on the Lachaux decision – 5RB

Posted October 20th, 2017 in confidentiality, defamation, media, news, privilege by sally

‘On Tuesday 10th October, 5RB held a panel discussion to review the recent Court of Appeal decision in Lachaux v Independent Print Ltd, Evening Standard Ltd, AOL (UK) Ltd. and its ramifications for the serious harm threshold.’

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5RB, 19th October 2017

Source: www.5rb.com

Brexit and the Irish Bar – Brexit Law

‘The Brexit vote has opened a Pandora’s box of uncertainties for UK lawyers, not least the issue of how leaving will affect their rights to practise in the EU.’

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Brexit Law, 6th October 2017

Source: brexit.law

Court orders injunction against party that sought to use privileged document disclosed by error – Litigation Futures

Posted August 22nd, 2017 in disclosure, documents, injunctions, news, privilege by sally

‘The High Court has granted an injunction against a party that was well aware that a document it was using was a privileged letter accidentally disclosed by the other side.’

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Litigation Futures, 22nd August 2017

Source: www.litigationfutures.com

Lawyers face prosecution threat over financial sanctions compliance – Legal Futures

Posted August 11th, 2017 in disclosure, financial regulation, legal profession, news, privilege, sanctions by tracey

‘Lawyers are among those who could face prosecution if they fail to report information that could undermine UK financial sanctions, after a change to the law that came into force this week.’

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Legal Futures, 10th August 2017

Source: www.legalfutures.co.uk

Jackson urges solicitors to sort out accidental disclosure of privileged material between themselves – Litigation Futures

Posted July 21st, 2017 in civil procedure rules, disclosure, news, privilege, solicitors by tracey

‘Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.’

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Litigation Futures, 20th July 2017

Source: www.litigationfutures.com