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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

Litigation Futures, 20th April 2016

Source: www.litigationfutures.com

Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

Full story

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

MoJ wins privilege battle over PowerPoint slides prepared by counsel for training session – Legal Futures

‘PowerPoint slides prepared by external counsel for training at the Ministry of Justice were subject to legal professional privilege and did not have to be disclosed under the Freedom of Information Act, the First-Tier Tribunal (FTT) has ruled.’

Full story

Legal Futures, 7th April 2016

Source: www.legalfutures.co.uk

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd – WLR Daily

Posted March 15th, 2016 in agency, agreements, contracts, evidence, law reports, privilege by sally

Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd [2016] EWHC 486 (Comm)

‘The claimant was a commercial agent who acted for the defendant. The agency agreement between the parties provided for 12 months’ notice of termination. The claimant’s case was that, by e-mails dated 18 and 26 March 2013, the defendant gave notice of termination with effect from 11 February 2013, to terminate on 11 May 2013 and was thereby in repudiatory breach of contract, which repudiation the claimant accepted as bringing the agency agreement to an end. The claimant brought a claim for, inter alia, damages for termination with insufficient notice and sought to admit the defendant’s e-mails as evidence of the defendant’s repudiation. The defendant contended that the two e-mails, both marked “Without Prejudice”, were part of a series of without prejudice negotiations to settle a dispute as to termination of the agency and that, as such, they could not be relied on by the claimant as repudiatory and were inadmissible in evidence.’

WLR Daily, 8th March 2016

Source: www.iclr.co.uk

Another rush job on surveillance that will weaken legal privilege – The Bar Council

‘Despite claims that new surveillance laws will contain “protections for lawyers”, today’s Investigatory Powers Bill will allow authorities total access to confidential, legally privileged communications between individuals and their lawyers, even when someone is in a legal dispute with the Government or defending themselves against prosecution.’

Full press release

The Bar Council, 2nd March 2016

Source: www.barcouncil.org.uk

Without prejudice privilege – Law Society’s Gazette

‘The ‘without prejudice’ privilege refers to the inadmissibility of any party communications targeted toward settlement. The objective of this privilege is to encourage parties engaging in settlement consideration, by ensuring any information disclosed in the pursuit of settlement cannot be submitted in litigation proceedings (see Lord Griffiths in Rush & Tomkins v GLC [1989] 1 AC 1280).’

Full story

Law Society’s Gazette, 15th February 2016

Source: www.lawgazette.co.uk

Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures

‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’

Full story

Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

Legal Professional Privilege for Prisoners – The Bar Council

‘Justice Minister Andrew Selous MP has explained the authorisation process for listening in to communications between lawyers and clients in prisons. The parliamentary written answer, published yesterday, suggests that the prison service effectively self-authorises breaches of legal professional privilege (LPP).’

Full press release

The Bar Council, 13th January 2016

Source: www.barcouncil.org.uk

High Court: no litigation privilege for recordings of meetings where witnesses “deliberately deceived” – Litigation Futures

Posted December 8th, 2015 in news, privacy, privilege, witnesses by sally

‘A Manchester-based property developer cannot claim litigation privilege for secret recordings of meetings where witnesses were “deliberately deceived”, the High Court has ruled.’

Full story

Litigation Futures, 8th December 2015

Source: www.litigationfutures.com

Graham John Wheeler: When Should the Lords Reject Secondary Legislation? – UK Constitutional Law Association

‘On 26 October 2015, the House of Lords debated the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015. The Regulations were approved, but subject to two riders. Critics claimed that these riders constituted “fatal” amendments, and that they were therefore tantamount to a rejection of the legislation. It was argued that it is constitutionally improper for the House of Lords to reject financial legislation in this way.’

Full story

UK Constitutional Law Association, 7th December 2015

Source: www.ukconstitutionallaw.org

Are counter terrorism laws interfering with freedom of the press? – Halsbury’s Law Exchange

Posted November 30th, 2015 in freedom of expression, media, news, police, privilege, search & seizure, terrorism by sally

‘A case of freedom of the press versus counter-terrorism laws? Peter Carter QC at Doughty Street Chambers, examines the police powers used to seize an investigative journalist’s laptop.’

Full story

Halsbury’s Law Exchange, 27th November 2015

Source: www.halsburyslawexchange.co.uk

Deposits, dog hairs, doors and defamation – Nearly Legal

Posted November 23rd, 2015 in animals, appeals, defamation, deposits, housing, landlord & tenant, news, privilege by sally

‘As if tenancy deposits weren’t complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to the deposit scheme adjudication service is possibly covered by qualified privilege.’

Full story

Nearly Legal, 21st November 2015

Source: www.nearlylegal.co.uk

Bar Council comments on Draft Investigatory Powers Bill – The Bar Council

‘Responding to the publication of the Draft Investigatory Powers Bill, Alistair MacDonald QC, Chairman of the Bar, said: “The ‘double lock’ requirement of needing both judicial and senior ministerial authorisation for the most intrusive investigatory powers is not as secure as it is made out to be.” ‘

Full press release

The Bar Council, 5th November 2015

Source: www.barcouncil.org.uk

Respect the client’s right to legal privilege – MPs warned – The Bar Council

Posted November 2nd, 2015 in bills, investigatory powers, legal profession, press releases, privilege by tracey

‘The statutory protection of legally privileged communications between lawyers and their clients should be high on the agenda when Parliament debates major new surveillance legislation next month. The Bar Council and The Law Society have called for legal professional privilege to receive statutory protection in the forthcoming Investigatory Powers Bill.’

Full press release

The Bar Council, 22nd October 2015

Source: www.barcouncil.org.uk

Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

Full story

Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

Prisoners’ legal letters opened by prison staff, admits ombudsman – The Guardian

Posted September 29th, 2015 in confidentiality, news, ombudsmen, postal service, prisons, privacy, privilege by sally

‘Prisoners’ confidential legal letters to and from their lawyers and the courts have been wrongly opened by prison staff in half of cases investigated by the prisons ombudsman in the past year.’

Full story

The Guardian, 29th September 2015

Source: www.guardian.co.uk

Impact of FOIA on legal professional privilege – OUT-LAW.com

Posted September 15th, 2015 in documents, freedom of information, news, privilege by tracey

‘An intriguing summary has emerged on Lawtel (subscription required) of a decision of the Chancery Division (John Jarvis QC) in a case called Hallows v Wilson Barca LLP, which suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 (FOIA) can be relevant to the common law doctrine of legal professional privilege.’

Full story

OUT-LAW.com, 14th September 2015

Source: www.out-law.com