Category: privilege

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.”

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.”

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

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

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

WLR Daily, 13th October 2010

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.”

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.”

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.”

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

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

“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

Flood v Times Newspapers Ltd [2010] EWCA Civ 804; [2010] WLR (D) 187

“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

Quinn Direct Insurance Ltd v The Law Society of England and Wales [2010] EWCA Civ 805; [2010] WLR (D) 185

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

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.”

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

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

“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

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

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

Posted August 19th, 2009 in law reports, privilege, self-incrimination, without prejudice communications by sally

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

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.”

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

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

“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

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

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

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

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

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

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

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

WLR Daily, 23rd July 2008

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

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

“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

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.”

The Times, 16th May 2008