LPP: handle with care – New Law Journal

Posted May 30th, 2017 in appeals, legal profession, news, privilege by sally

‘Erosion of privilege—are we at the thin end of the wedge, asks David Owen.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

SFO wins disclosure bid in legal privilege case – Law Society’s Gazette

Posted May 12th, 2017 in disclosure, fraud, news, privilege, prosecutions, Serious Fraud Office by sally

‘Companies can no longer assume that private documents, including interview records used for internal investigations, will be protected after a High Court ruling this week, lawyers have claimed.’

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Law Society’s Gazette, 10th May 2017

Source: www.lawgazette.co.uk

High Court rejects litigation privilege claim in test case – Litigation Futures

Posted May 11th, 2017 in civil justice, crime, disclosure, documents, fraud, news, privilege, prosecutions, trials by tracey

‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’

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Litigation Futures, 10th May 2017

Source: www.litigationfutures.com

Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

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Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk

Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette

Posted February 22nd, 2017 in appeals, data protection, disclosure, news, privilege by sally

‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’

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Law Society’s Gazette, February 2017

Source: www.lawgazette.co.uk

Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com

Posted February 21st, 2017 in computer crime, computer programs, disclosure, electronic mail, news, privilege by sally

‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’

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OUT-LAW.com, 17th February 2017

Source: www.out-law.com

Dawson-Damer: The Irresistible Rise of the DPA – Panopticon

Posted February 16th, 2017 in appeals, data protection, news, privilege, proportionality by sally

‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’

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Panopticon, 16th February 2017

Source: www.panopticonblog.com

Supreme Court “needs to clarify scope of legal advice privilege” – Litigation Futures

Posted February 3rd, 2017 in legal profession, news, privilege, Supreme Court by sally

‘RBS’s solicitors have expressed disappointment that the Supreme Court will not now consider the issue of who is a client for the purposes of legal advice privilege, after its client dropped a planned appeal against the present “unhelpful and unworkable” position.’

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Litigation Futures, 2nd February 2017

Source: www.litigationfutures.com

SARs and Legal Professional Privilege – Panopticon

Posted January 26th, 2017 in company directors, data protection, electronic mail, news, privilege by tracey

‘It’s fair to say that the Supreme Court’s Brexit judgment has taken some attention from other legal developments of the day, but Holyoake v (1) Candy (2) CPC Group Limited [2017] EWHC 52 is another significant judgment on the scope of the subject access right under s.7 DPA.’

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Panopticon, 25th January 2017

Source: www.panopticonblog.com

Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

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Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

Court of Appeal upholds injunction stopping Dechert from acting for two parties to case – Litigation Futures

‘The Court of Appeal has upheld an injunction that international law firm Dechert has to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 21st November 2016

Source: www.litigationfutures.co.uk

Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week

‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’

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Family Law Week, 27th October 2016

Source: www.familylawweek.co.uk

Cost benefit analysis – New Law Journal

Posted October 24th, 2016 in costs, news, privilege, solicitors, wasted costs orders by michael

‘Wasted costs orders can only be made against a representative, whereas non-party costs orders can be made against anyone, including a representative.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

Children: Public Law Update (August 2016) – Family Law Week

Posted August 19th, 2016 in adoption, child abuse, children, fostering, human rights, news, privilege by tracey

‘John Tughan QC, 4 Paper Buildings, reviews recent decisions relevant to public children lawyers, including two important recent decisions of the Court of Appeal.’

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Family Law Week, 11th August 2016

Source: www.familylawweek.co.uk

Lords sound legal privilege alarm over snooping bill – Law Society’s Gazette

Posted June 30th, 2016 in bills, electronic mail, investigatory powers, news, parliament, privilege by tracey

‘Distinguished legal figures on the red benches lined up to condemn threats to professional privilege posed by the government’s investigatory powers bill as it passed its second reading in the House of Lords this week.’

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Law Society’s Gazette, 29th June 2016

Source: www.lawgazette.co.uk

Legal professional privilege under fire – Halsbury’s Law Exchange

‘Sometimes the most fundamental principles can be most vulnerable to attack and/or erosion. As the government strives to tackle the threat posed by those who seek to undermine our democratic values in the context of an increasingly digital age, legal professional privilege (LPP) is in danger of becoming just that kind of principle.’

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Halsbury’s Law Exchange, 28th June 2016

Source: www.halsburyslawexchange.co.uk

Confidential Communication With Lawyers Is A Human Right, Even For Prisoners – RightsInfo

‘Part of being in prison is that your rights and freedom are restricted. But prisoners do retain some rights – this was re-confirmed by the highest UK court 15 years ago today.’

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RightsInfo, 23rd May 2016

Source: www.rightsinfo.org

High Court orders solicitors to cease acting for client – Litigation Futures

Posted May 10th, 2016 in conflict of interest, documents, law firms, news, privilege, solicitors by sally

‘The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 9th May 2016

Source: www.litigationfutures.com

CA says huge solicitor-own client costs assessment can be held in private – Litigation Futures

Posted April 20th, 2016 in costs, news, private hearings, privilege, solicitors by sally

‘The Court of Appeal has upheld a decision to conduct a solicitor-own client assessment in private so as to protect legal professional privilege (LPP), even though the client had given a waiver to enable international law firm Dechert to defend its multi-million pound bills.’

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Litigation Futures, 20th April 2016

Source: www.litigationfutures.com