Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

Posted July 16th, 2010 in disclosure, insurance, law reports, privilege, solicitors by sally
“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
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.

Law Society seeks to block privilege for non-lawyers – Law Society’s Gazette

Posted May 6th, 2010 in Law Society, news, privilege by sally

“The Law Society has been granted permission to intervene in a Court of Appeal case that could see legal professional privilege (LPP) extended to non-lawyers.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk

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

Posted February 17th, 2010 in evidence, law reports, privilege, without prejudice communications by sally

Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; [2010] WLR (D) 40

“There was not, and need not be, an exception to the ‘without prejudice’ rule such as to permit evidence of ‘without prejudice’ communications and discussions to be given if there was a dispute about the interpretation of a written settlement agreement.”

WLR Daily, 16th February 2010

Source: www.lawreports.co.uk

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

Regina v K (Matrimonial proceedings: Privilege against self-incrimination) – Times Law Report

Regina v K (Matrimonial proceedings: Privilege against self-incrimination)

Court of Appeal (Criminal Division)

“While information disclosed under compulsion in matrimonial ancillary relief proceedings was not admissible in criminal proceedings, admissions made in withoutprejudice negotiations were not inadmissible.”

The Times, 19th August 2009

Source: www.timesonline.co.uk

Lawyer-client privilege can’t stop surveillance, says House of Lords – OUT-LAW.com

Posted March 24th, 2009 in interception, investigatory powers, legal profession, news, privilege by sally

“The state is allowed to bug communication between lawyers and their clients, the House of Lords has said. The UK’s highest court ruled that spy law the Regulation of Investigatory Powers Act (RIPA) allows lawyers’ conversations to be bugged.”

Full story

OUT-LAW.com, 23rd March 2009

Source: www.out-law.com

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – WLR Daily

Posted March 13th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same [2009] UKHL 15; [2009] WLR(D) 90

The Regulation of Investigatory Powers Act 2000 (‘RIPA’) permitted covert surveillance of communications between lawyers and their clients covered by legal professional privilege and notwithstanding any statutory rights of persons in custody to consult privately with their lawyers.”

WLR Daily, 12th March 2009

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.

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – Times Law Reports

Posted March 12th, 2009 in investigatory powers, law reports, legal profession, privilege by sally

McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same

House of Lords

“Covert surveillance of communications between lawyers and their clients, covered by legal professional privilege, was permitted under the Regulation of Investigatory Powers Act 2000, notwithstanding any statutory rights of persons in custody to consult their lawyers in private.”

The Times, 12th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Westcott v Westcott – Times Law Reports

Posted August 27th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott

Court of Appeal

“A person who made a complaint to the police, instigating an investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if proceedings were subsequently brought.”

The Times, 27th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

West London Pipeline and Storage Ltd v Total UK Ltd – WLR Daily

Posted July 24th, 2008 in disclosure, law reports, privilege by sally

West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] WLR (D) 248

“Guidance as to the principles applicable to determining a claim to litigation privilege.”

WLR Daily, 23rd July 2008

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.

Westcott v Westcott – WLR Daily

Posted July 17th, 2008 in complaints, defamation, law reports, police, privilege by sally

Westcott v Westcott [2008] EWCA Civ 818; [2008] WLR (D) 241

A person who made a complaint to the police, thereby instigating a police investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if defamation proceedings were subsequently brought.”

WLR Daily, 16th July 2008

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.

Taping killer’s calls broke the rules, Jack Straw admits – The Times

Posted May 16th, 2008 in confidentiality, interception, news, prisons, privilege by sally

“Prison staff bugged conversations between a convicted killer and his solicitor without authorisation, Jack Straw admitted yesterday.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

Curistan v Times Newspapers Ltd – Times Law Reports

Posted May 6th, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd

Court of Appeal

“The privilege which attached to a fair and accurate report of parliamentary proceedings was not necessarily lost because of the addition of extraneous nonprivileged material in the same article.”

The Times, 6th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Curistan v Times Newspapers Ltd – WLR Daily

Posted May 2nd, 2008 in defamation, law reports, parliament, privilege by sally

Curistan v Times Newspapers Ltd [2008] EWCA Civ 432; [2008] WLR (D) 135

The qualified privilege which attached to a ‘fair and accurate’ report of parliamentary proceedings was not necessarily lost because of the addition of extraneous non-privileged material in the same article. Where an article consisted in part only of passages entitled to such privilege, the meaning of the non-privileged passages was to be ascertained on the basis that the privileged passages merely provided the context in which the other statements were made, and the repetition rule, under which for the purpose of libel law a hearsay statement was the same as a direct statement, had no application to the privileged passages.”

WLR Daily, 1st May 2008

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.


Law Society backs in-house lawyers in landmark privilege case – The Times

Posted March 10th, 2008 in Law Society, news, privilege, solicitors by sally

“The Law Society of England and Wales has formally applied for permission to intervene in a closely-watched European case that has threatened the ability of in-house lawyers to claim professional privilege.”

Full story

The Times, 10th March 2008

Source: www.timesonline.co.uk

Expandable Ltd and Others v Rubin – Times Law Reports

Posted March 10th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and Others v Rubin

Court of Appeal

“The mention of a document in a witness statement did not constitute an automatic waiver of legal professional privilege so as entitle the other party to inspection of it.”

The Times, 10th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Seaga v Harper – Times Law Reports

Posted February 15th, 2008 in defamation, law reports, privilege, public interest by sally

Seaga v Harper

Privy Council

“The defence of qualified privilege established in Reynolds v Times Newspapers Ltd ([2001] 2 AC 127) was available not only to the press and broadcasting media but could also extend to the publication by any person of material of public interest.”

The Times, 15th February 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Expandable Ltd and others v Rubin – WLR Daily

Posted February 13th, 2008 in disclosure, law reports, privilege by sally

Expandable Ltd and others v Rubin [2008] EWCA Civ 59; [2008] WLR (D) 42

“The words ‘he wrote to me … drawing my attention to discrepancies’ in a witness statement were sufficient to amount to mention of a document for the purposes of CPR r 31.14(1), but such mere mention did not constitute an automatic waiver of the legal professional privilege attaching to the document, so as to entitle a party to inspect it pursuant to the rule.”

WLR Daily, 12th February 2008

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.

Get ready to be raided – The Times

Posted December 11th, 2007 in investigatory powers, privilege, search & seizure, special report by sally

“Companies get no warning about early morning raids by authorities, but they can put in place procedures to deal with them.”

Full story

The Times, 11th December 2007

Source: www.timesonline.co.uk

Freedom Of Information: Government’s refusal to disclose legal advice challenged in court – The Independent

Posted December 7th, 2007 in freedom of information, news, privilege by sally

“Lawyers have long argued that there is absolute protection against the publication of legally privileged advice. Robert Verkaik, Law Editor, finds a case which challenges this.”

Full story

The Independent, 7th December 2007

Source: www.independent.co.uk 

In-house lawyers disappointed with dawn raids decision – The Times

Posted September 18th, 2007 in EC law, news, privilege, solicitors by sally

“The confidential protection enjoyed by lawyers over their communications does not extend to in-house lawyers, the European Court of First Instance ruled yesterday.”

Full story

The Times, 17th September 2007

Source: www.timesonline.co.uk