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.’

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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.’

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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).’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

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