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

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.