Bar Council – Private Legal Advice Must be Protected – The Bar Council

Posted February 3rd, 2012 in barristers, confidentiality, investigatory powers, news, police, privilege by sally

“Following a report published today by Her Majesty’s Inspectorate of Constabulary (HMIC) on the use of undercover police officers, the Bar Council, which represents barristers in England and Wales, has urged the Government to protect the fundamental right of citizens to hold private conversations with their lawyers.”

Full story

The Bar Council, 2nd February 2012

Source: www.barcouncil.org.uk

Coogan and Phillips v NGN – give a thought to the under-privileged – Kirsten Sjovoll – UK Human Rights Blog

Posted February 2nd, 2012 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“The Court of Appeal today (1 February) dismissed Mr Glenn Mulcaire’s appeal against an order that he provide information to claimants in the phone hacking litigation. The Court (Lord Judge, Lord Neuberger and Maurice Kay LJ) unanimously upheld the rulings of Mann J and Vos J that, as a result of the operation of section 72 of the Senior Courts Act 1981, Mr Mulcaire was not entitled to rely on his privilege against self-incrimination (‘PSI’).”

Full story

UK Human Rights Blog, 1st February 2012

Source: www.ukhumanrightsblog.com

CoA ruling on Mulcaire privilege case imminent – The Lawyer

Posted January 26th, 2012 in appeals, news, private investigators, privilege, self-incrimination by sally

“The Court of Appeal will next Wednesday (1 February) decide whether the private investigator at the centre of the News of the World (NoW) phone hacking scandal must disclose who instructed him to intercept voicemails.”

Full story

The Lawyer, 26th January 2012

Source: www.thelawyer.com

Phone-hacking scandal: Judgement on Mulcaire reserved – BBC News

Posted November 29th, 2011 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“Judgement has been reserved over a private investigator’s appeal against two court orders that may force him to reveal who ordered him to hack phones.”

Full story

BBC News, 29th November 2011

Source: www.bbc.co.uk

FSA told to rethink on legal privilege – Law Society’s Gazette

Posted October 20th, 2011 in financial regulation, judicial review, news, privilege by tracey

“The Financial Services Authority has been urged to review its operating procedures after it was found to have acted unlawfully in its use of legally privileged material during an enforcement investigation.”

Full story

Law Society’s Gazette, 20th October 2011

Source: www.lawgazette.co.uk

Reynolds defence is just the start – The Guardian

Posted October 17th, 2011 in defamation, freedom of expression, media, news, privilege, public interest by sally

“In Flood v the Times, the supreme court has to consider questions of balance and the limits of editorial discretion.”

Full story

The Guardian, 17th October 2011

Source: www.guardian.co.uk

Anemometers, environmental information, and legal advice: the Planning Inspectorate’s duty to disclose? – UK Human Rights Blog

Posted August 25th, 2011 in disclosure, freedom of information, local government, news, privilege by sally

“This interesting decision of the First-Tier Tribunal (not linked to this post, for reasons I shall explain below) goes to the circumstances in which a public authority can refuse under environmental information rules to disclose legal advice received by it.”

Full story

UK Human Rights Blog, 25th August 2011

Source: www.ukhumanrightsblog.com

How far can legal professional privilege go? – The Guardian

Posted July 22nd, 2011 in law firms, news, privilege by sally

“Legal professional privilege meant Harbottle & Lewis had to secure a waiver to discuss Murdoch’s claim about phone hacking claims.”

Full story

The Guardian, 22nd July 2011

Source: www.guardian.co.uk

Gray v News Group Newspapers Ltd and another; Coogan v Same – WLR Daily

Gray v News Group Newspapers Ltd and another; Coogan v Same [2011] EWHC 349 (Ch); [2011] WLR (D) 65

“The words ‘technical or commercial information’ in the definition of ‘intellectual property’ in section 72(5) of the Senior Courts Act 1981, section 72 (1) of which provided for the withdrawal of privilege against self or spousal incrimination in proceedings for, inter alia, infringement of rights pertaining to any intellectual property, meant technical or commercial information which could be protected by action.”

WLR Daily, 28th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others – WLR Daily

Posted February 25th, 2011 in costs, disclosure, law reports, privilege, solicitors by sally

CMCS Common Market Commercial Services AVV v Taylor; Taylor v Stoutt and others [2011] EWHC 324 (Ch); [2011] WLR (D) 57

“There was no difference in principle between the ambit of a solicitor’s duty to the court in relation to the conduct and supervision of disclosure of documents and the conduct and supervision of any redaction of disclosable doccuments prior to inspection.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Clift v Slough Borough Council – WLR Daily

Posted January 4th, 2011 in defamation, law reports, privacy, privilege by sally

Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343

“Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to the applicability of qualified privilege, to have regard to the art 8 Convention rights of the person so identified and also to look to the proportionality of the disclosure itself.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others – WLR daily

Posted October 29th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others  [2010] UKSC 44; [2010] WLR(D) 270 

“Facts communicated between parties in the course of ‘without prejudice’ negotiations which, but for the ‘without prejudice’ rule, would be admissible as part of the factual matrix or surrounding circumstances as an aid to construction of the resulting agreement, were admissible in evidence, as an exception to the rule, in a subsequent dispute between the parties as to the proper meaning of a clause in the agreement.”

WLR Daily, 29th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors sue police for wrongful imprisonment – The Independent

Posted October 20th, 2010 in false imprisonment, news, police, privilege, solicitors by sally

“Three solicitors were today suing police for wrongful imprisonment after falling foul of strict prison regulations.”

Full story

The Independent, 19th October 2010

Source: www.independent.co.uk

Legal privilege should not extend to accountants, rules Court of Appeal – OUT-LAW.com

Posted October 18th, 2010 in financial advice, news, privilege by sally

“The right to keep correspondence and documents relating to legal advice secret does not exist when the person giving the advice is an accountant, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 18th October 2010

Source: www.out-law.com

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Posted October 14th, 2010 in disclosure, financial advice, law reports, legal profession, privilege by sally

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“Legal advice privilege applied only to advice given by a member of the legal profession.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

Posted October 14th, 2010 in disclosure, financial advice, legal profession, news, privilege by sally

“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Privilege judgment is an unjustified blow to in-house lawyers – The Guardian

Posted September 15th, 2010 in barristers, EC law, legal profession, news, privilege, solicitors by sally

“The European court of justice’s ruling will prevent in-house lawyers giving frank advice in antitrust cases.”

Full story

The Guardian, 14th September 2010

Source: www.guardian.co.uk

Ian Tomlinson post-mortem examination report withheld – BBC News

Posted September 8th, 2010 in confidentiality, coroners, news, privilege, reports by sally

“A post-mortem examination report into the death of a man at the G20 protests last year has been withheld from authorities, it has emerged.”

Full story

BBC News, 8th September 2010

Source: www.bbc.co.uk

Regina v Seaton – WLR Daily

Posted August 23rd, 2010 in appeals, evidence, law reports, murder, privilege by sally

Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234

“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”

WLR Daily, 20th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Flood v Times Newspapers Ltd – WLR Daily

Posted July 16th, 2010 in appeals, defamation, internet, law reports, media, police, privilege by sally
“In a report concerning an investigation into allegations of corruption against a police officer the media were entitled in the public interest to include the specific allegations made against the officer only where the requirements of the responsible journalism defence or Reynolds privilege were met.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.