Data breach management – making use of legal privilege – OUT-LAW.com

Posted August 27th, 2015 in data protection, documents, news, privilege by sally

‘FOCUS: Businesses that experience data security breaches can use the law of legal privilege to investigate the circumstances of those breaches without fear that internal investigation documents will be used against them by regulators or litigants.’

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OUT-LAW.com, 26th August 2015

Source: www.out-law.com

Refusing to respond to subject access requests – legal professional privilege, disproportionate effort and collateral purposes – Panopticon

Posted August 13th, 2015 in data protection, news, privilege by sally

‘The Information Commissioner’s Code of Practice on Data Protection steadfastly maintains that data controllers cannot refuse to respond to a subject access request unless one of the specific exceptions in the Data Protection Act 1998 (“DPA”) applies. However, there is a growing body of case law on the circumstances in which the courts will refuse to enforce compliance with subject access requests under s 7(9) of the Act, even where one of the specific exceptions under the Act does not apply.’

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Panopticon, 12th August 2015

Source: www.panopticonblog.com

Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

Appeal judges limit professional privilege where lives are at risk – Legal Futures

Posted August 11th, 2015 in appeals, mental health, news, nurses, privilege, restraint, solicitors by sally

‘Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.’

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Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

Regina v Brown (Edward) – WLR Daily

Posted August 4th, 2015 in appeals, crime, law reports, mental health, privilege, restraint, trials by sally

Regina v Brown (Edward) [2015] EWCA Crim 1328; [2015] WLR (D) 344

‘By way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what was likely to be an extremely narrow band of cases, it was appropriate to impose a requirement that particular individuals could be present at discussions between an individual and his lawyers if there was a real possibility that the meeting would be misused for a purpose, or in a manner, that involved impropriety amounting to an abuse of the privilege that justified interference.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

Tribunal rejects request for correspondence between solicitor and planning officers – Local Government Lawyer

‘The First-Tier Tribunal has ruled that a district council was entitled to refuse to disclose correspondence passing between one of its solicitors and various members of its planning department.’
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Local Government Lawyer, 30th June 2015

Source: www.localgovernmentlawyer.co.uk

Start the clock – New Law Journal

Posted April 30th, 2015 in insurance, legal profession, news, privilege by sally

‘When does a contractual retainer arise & when does legal advice privilege apply, asks David Burrows.’

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New Law Journal, 24th April 2015

Source: www.newlawjournal.co.uk

GCHQ conducted illegal surveillance, investigatory powers tribunal rules – The Guardian

‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’

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The Guardian, 29th April 2015

Source: www.guardian.co.uk

Birdseye and another v Roythorne & Co and others – WLR Daily

Birdseye and another v Roythorne & Co and others [2015] EWHC 1003 (Ch); [2015] WLR (D) 169

‘It remained the case that a person had to establish as a prima facie case that he was a beneficiary before there could be any question of the court requiring a trustee or executor to disclose documents which would be protected by privilege if the applicant were not a beneficiary.’

WLR Daily, 15th April 2015

Source: www.iclr.co.uk

Legal professional privilege was waived, High Court rules in probate dispute – Litigation Futures

Posted April 17th, 2015 in legal profession, negligence, news, privilege, striking out by sally

‘The High Court has rejected an application to strike out part of a negligence claim on the grounds that they referred to matters protected by legal professional privilege.’

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Litigation Futures, 16th April 2015

Source: www.litigationfutures.com

The Cat’s Out of the Bag: legal advice privilege and the risks of being caught with a divorce lawyer – Family Law Week

‘Samuel Littlejohns, pupil at 1 Hare Court, examines whether the very fact that a party consulted a lawyer at a given time is privileged information, and the practical consequences of this for practitioners.’

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Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

MoD accused of refusing former detainee Yunus Rahmatullah justice – The Guardian

Posted March 31st, 2015 in intelligence services, interception, news, privilege, torture by sally

‘The government has refused to give an undertaking not to take advantage of any intercepted communications between a former detainee, who is suing the Ministry of Defence, and his lawyers.’

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The Guardian, 30th March 2015

Source: www.guardian.co.uk

Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Access all areas? – New Law Journal

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

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New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

UK admits unlawfully monitoring legally privileged communications – The Guardian

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

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The Guardian, 18th February 2015

Source: www.guardian.co.uk

Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

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Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

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The Guardian, 13th January 2015

Source: www.guardian.co.uk

High Court bats away challenge to privilege of ‘without prejudice’ costs letters – UK Human Rights Blog

Posted January 6th, 2015 in costs, law firms, news, privilege by sally

‘Without prejudice’ correspondence between law firms on the costs of a complex dispute between mosquito net manufacturers was protected by privilege and not admissible in court, the High Court has ruled in a case with combined costs of £4.6m.’

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UK Human Rights Blog, 6th January 2015

Source: www.ukhumanrightsblog.com

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

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Litigation Futures, 15th December 2014

Source: www.litigationfutures.com