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

Barnetson v. Framlington Group Ltd. and Another – Times Law Reports

Posted June 11th, 2007 in contract of employment, law reports, privilege by sally

Extent of without-prejudice  privilege before dispute

Barnetson v. Framlington Group Ltd. and Another 

Court of Appeal

“When considering whether evidence of prelitigation disputes between the parties should be excluded under without-prejudice privilege, the critical feature of proximity to the litigation was the subject matter of the dispute rather than how long before the threat or start of litigation the matter was aired in negotiations between the parties.”

The Times, 11th June 2007

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. 

Buckley v. Dalziel and Another – Times Law Reports

Posted June 7th, 2007 in defamation, law reports, privilege by sally

Complaints to police are privileged

Buckley v. Dalziel and Another

Queen’s Bench Division

“Absolute privilege and immunity from suit were available to a person who provided information to the police to set in motion the process of an inquiry into possible illegality.”

The Times, 7th June 2007

Source: www.thetimesonline.co.uk

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

Framlington Group Ltd. and another v. Barnetson – WLR Daily

Posted May 25th, 2007 in contract of employment, law reports, privilege by sally

Framlington Group Ltd. and another v. Barnetson [2007] EWCA Civ 502

“An employee’s discussions with his employer about the scope of his entitlement on the employment contract were inadmissible as ‘without prejudice’ communications even though at the time they occurred there was no litigation in prospect and no basis for litigation at the time they took place.”

WLR Daily, 24th May 2007

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.