Category: privilege

Litigation Privilege: rationale and scope defined — Guy Mansfield QC – UK Human Rights Blog

Posted September 10th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’

Full Story

UK Human Rights Blog, 10th September 2018

Source: ukhumanrightsblog.com

Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette

Posted September 6th, 2018 in confidentiality, disclosure, fraud, news, privilege by tracey

‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’

Full Story

Law Society's Gazette, 5th September 2018

Source: www.lawgazette.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

Full Story

Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Overheard pub talk “showed solicitor’s redundancy was bogus” – Legal Futures

Posted August 10th, 2018 in disability discrimination, electronic mail, news, privilege, redundancy, solicitors by sally

‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’

Full Story

Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

Full Story

Family Law, 1st August 2018

Source: www.familylaw.co.uk

Court in tangle after law firm ‘whistleblower’ sends it privileged material – Legal Futures

Posted June 27th, 2018 in divorce, law firms, news, privilege, solicitors, whistleblowers by tracey

‘The president of the Family Division is to be asked what the court should do in the highly unusual case of a ‘whistleblower’ from the solicitors of one party to a divorce sending it legally privileged information.’

Full Story

Legal Futures, 27th June 2018

Source: www.legalfutures.co.uk

Legal professional privilege under attack again (even Donald Trump thinks so!) – Hardwicke Chambers

Posted June 19th, 2018 in legal profession, news, privilege, solicitors by sally

‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’

Full Story

Hardwicke Chambers, 25th May 2018

Source: www.hardwicke.co.uk

Divorce beauty parades: genuine market research or litigation manoeuvring? – Family Law

Posted June 19th, 2018 in conflict of interest, divorce, law firms, news, privilege, solicitors by sally

‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’

Full Story

Family Law, 18th June 2018

Source: www.familylaw.co.uk

ENRC sues Serious Fraud Office over ‘whistleblower failures’ – Law Society’s Gazette

Posted June 14th, 2018 in misfeasance in public office, news, privilege, Serious Fraud Office, whistleblowers by tracey

‘The mining company at the centre of a row over professional privilege has called for an independent inquiry into the Serious Fraud Office (SFO), accusing the office of failing to investigate a whistleblower’s letter.’

Full Story

Law Society's Gazette, 14th June 2018

Source: www.lawgazette.co.uk

Privilege in tax avoidance disputes – OUT-LAW.com

Posted May 10th, 2018 in disclosure, HM Revenue & Customs, news, privilege, tax avoidance, tribunals by sally

‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’

Full Story

OUT-LAW.com, 9th May 2019

Source: www.out-law.com

Bad news for barristers: SFO adopts AI-powered document review after successful test in Rolls-Royce case – Legal Futures

Posted April 11th, 2018 in artificial intelligence, barristers, documents, news, privilege by sally

‘The Serious Fraud Office (SFO) has bought a document review system backed up by artificial intelligence (AI) to improve significantly its document analysis capability – and put out of work barristers who it previously used to identify material subject to legal professional privilege.’

Full Story

Legal Futures, 11th April 2018

Source: www.legalfutures.co.uk

Uncertainty over privilege likely to lead to insurance case appeal – OUT-LAW.com

Posted March 21st, 2018 in disclosure, insurance, news, privilege by tracey

‘The High Court’s ruling that an insurance policy holder cannot be forced to disclose documents covered by litigation privilege is open to appeal because of apparent inconsistencies in the ruling’s approach to privilege.’

Full Story

OUT-LAW.com, 20th March 2018

Source: www.out-law.com

Data Protection Bill threat to legal privilege – The Bar Council

Posted March 8th, 2018 in barristers, bills, data protection, press releases, privilege by tracey

‘A Bill designed to give citizens more control over their data could end up stripping back the fundamental British right to confidential legal advice, the Bar has warned.’

Full press release

The Bar Council, 5th March 2018

Source: www.barcouncil.org.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

Full Story

Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

High Court rejects non-party litigation privilege claim – Litigation Futures

Posted February 27th, 2018 in civil procedure rules, disclosure, news, privilege by tracey

‘An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court.’

Full Story

Litigation Futures, 27th February 2018

Source: www.litigationfutures.com

High Court: legal privilege can apply to internal investigations on the right set of facts – OUT-LAW.com

Posted February 5th, 2018 in corruption, investigatory powers, news, privilege, taxation by sally

‘The High Court has confirmed that legal privilege can apply to investigations on the right set of facts, restoring some certainty to a position that has been up for debate since May 2017.’

Full Story

OUT-LAW.com, 5th February 2018

Source: www.out-law.com

Judge dismisses disclosure bids ahead of £126m credit hire trial – Law Society Gazette

Posted January 16th, 2018 in claims management, consumer credit, disclosure, documents, law firms, news, privilege by tracey

‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’

Full Story

Law Society Gazette, 16th January 2018

Source: www.lawgazette.co.uk

Collateral waiver of privilege (Holyoake and another v Candy and others) – Hardwicke Chambers

Posted December 8th, 2017 in disclosure, evidence, news, privilege by sally

‘Dispute Resolution analysis: When is it appropriate to waive privilege during the course of civil proceedings, and what are the risks if you do? These questions regularly create difficulties for litigators, and a variant of them arose during the trial of Holyoake v Candy. Roger Stewart QC, of 4 New Square, Richard Fowler, of Maitland Chambers, and John Beresford, of Hardwicke Chambers, who appeared for the claimants, examine the issues and say being able to advise with reasonable assurance as to the scope of any collateral waiver will be key to the decision on whether privilege ought to be intentionally waived.’

Full Story

Hardwicke Chambers, 5th December 2017

Source: www.hardwicke.co.uk

Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

Full Story

Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

High Court grants injunction to stop former in-house solicitor acting against ex-employer – Legal Futures

Posted October 30th, 2017 in codes of practice, confidentiality, conflict of interest, disclosure, injunctions, news, privilege, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The High Court has granted an injunction restraining a former in-house solicitor from acting in proceedings against her former employer, saying that even if she was aware of the danger of disclosing confidential information, she might still subconsciously use it.’

Full Story

Legal Futures, 30th October 2017

Source: www.legalfutures.co.uk