Statutory register of government lobbyists will preserve legal professional privilege – OUT-LAW.com

Posted September 19th, 2014 in disclosure, law firms, lobbying, news, privilege by tracey

‘Law firms that lobby the government on behalf of clients will not need to disclose any information protected by legal professional privilege (LPP) when a new statutory register is up and running, the UK government has confirmed.’

Full story

OUT-LAW.com, 18th September 2014

Source: www.out-law.com

Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

Full story

Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

City firms face massive disclosure challenge after privilege ruling – Litigation Futures

‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’

Full story

Litigation Futures, 18th August 2014

Source: www.litigationfutures.com

Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog

‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’

Full story

UK Human Rights Blog, 12th August 2014

Source: www.ukhumanrightsblog.com

The iniquity exception – legal privilege and the long-running Ablyazov litigation – Legal Week

‘What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers).’

Full story

Legal Week, 13th August 2014

Source: www.legalweek.com

High Court rules that identity of client is covered by privilege – Legal Futures

Posted July 11th, 2014 in anonymity, confidentiality, disclosure, internet, law firms, news, privilege by sally

‘The High Court has rejected a bid to force a law firm to disclose the identity of a former client who revealed confidential information in an anonymous blog.’

Full story

Legal Futures, 11th July 2014

Source: www.legalfutures.co.uk

Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer

‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’

Full story

Local Government Lawyer, 3rd June 2014

Source: www.localgovernmentlawyer.co.uk

Laws on legal professional privilege “need to catch up with digital age” – Legal Futures

Posted June 3rd, 2014 in electronic mail, internet, legal profession, news, privilege, reports by sally

‘National laws on protecting privileged legal communications are outdated and need to be brought into the digital age, according to the body representing Europe’s lawyers.’

Full story

Legal Futures, 2nd June 2014

Source: www.legalfutures.co.uk

Legal professional privilege does not automatically engage an EIR exception – Panopticon

‘FOIA provides an exemption (s. 42) expressly for legal professional privilege; as is well known, there is ‘strong inherent weight’ in maintaining that exemption. What about the EIRs? LPP is not expressly mentioned, but regulation 12(5)(b) EIR applies to information the disclosure of which would adversely affect “the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature”. Does information attracting LPP automatically come within that exception? Many practitioners operate on the assumption that the answer is ‘yes’. The Upper Tribunal has on a previous occasion, however, left that question open: DCLG v IC and Robinson [2012] UKUT 103 (AAC); [2012] 2 Info LR 43.’

Full story

Panopticon, 6th May 2014

Source: www.panopticonblog.com

Documents remained privileged when they were sent on to third party’s work email address, High Court rules – OUT-LAW.com

‘Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court has ruled.’

Full story

OUT-LAW.com, 28th April 2014

Source: www.out-law.com

Makudi v Baron Triesman of Tottenham – WLR Daily

Posted February 28th, 2014 in defamation, law reports, parliamentary privilege, privilege, public interest by sally

Makudi v Baron Triesman of Tottenham [2014] EWCA Civ 179; [2014] WLR (D) 98

‘Where a claim in defamation was brought against the defendant for repeating at an extra-parliamentary inquiry his evidence before a parliamentary committee, he was immune from the claim, by virtue of article 9 of the Bill of Rights 1689, because of the public interest in the evidence and the close nexus between the evidence on the two occasions.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Privilege and reporting the contents of documents read by the court – Legal Week

Posted February 28th, 2014 in defamation, documents, law reports, news, privilege by sally

‘The fair and accurate reporting of court proceedings has long been protected from libel action by the defence of privilege. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved.’

Full story

Legal Week, 27th February 2014

Source: www.legalweek.com

Litigation privilege did not apply to correspondence before litigation was “reasonably anticipated”, judge says – OUT-LAW.com

Posted January 24th, 2014 in burden of proof, financial advice, news, privilege by sally

‘A brewing company was unable to prevent correspondence between itself and its bank and accountants from being disclosed during a dispute connected with the sale of its eastern European business, a High Court judge has ruled.

Full story

OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’

Full story

Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

Prince Charles faces fresh challenge to secret communications with ministers – The Guardian

‘Prince Charles is to face a fresh challenge to his secret communication channel to government ministers when a court is asked to reveal whether he lobbied for an exemption to property laws affecting his £800m estate.’

Full story

The Guardian, 3rd December 2013

Source: www.guardian.co.uk

GCHQ accused of monitoring privileged emails between lawyers and clients – The Guardian

“GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.”

Full story

The Guardian, 13th October 2013

Source: www.guardian.co.uk

High Court restricts litigation privilege but gives pointers for future applications, says expert – OUT-LAW.com

Posted September 17th, 2013 in documents, liquidators, news, privilege by sally

“OPINION: It will be harder than ever for companies to keep certain kinds of documents from being opened up to scrutiny after a recent High Court decision. The ruling does, however, give helpful guidance on what organisations have to do to secure and maintain litigation privilege.”

Full story

OUT-LAW.com, 16th September 2013

Source: www.out-law.com

Legal professional privilege will apply under new criminal cartel ‘whistleblowing’ regime – OUT-LAW.com

“Businesses that wish to report their involvement in cartel operations in order to benefit from the leniency of the UK’s competition regulator will not be obliged to waive their rights to legal professional privilege (LPP).”

Full story

OUT-LAW.com, 9th July 2013

Source: www.out-law.com

Legal professional privilege and employment law – Hardwicke Chambers

Posted February 27th, 2013 in accountants, employment tribunals, legal profession, news, privilege by sally

“In R (on the application of Prudential Plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1 a majority of the Supreme Court held that legal advice privilege does not extend to protect legal advice given by professionals who are not lawyers and that it is for Parliament, not the courts, to decide whether and how the privilege should be extended.”

Full story

Hardwicke Chambers, 19th February 2013

Source: www.hardwicke.co.uk

What the Supreme Court’s Prudential ruling means for insurers – OUT-LAW.com

Posted February 13th, 2013 in claims management, confidentiality, insurance, legal services, news, privilege by sally

“FOCUS: The decision by the Supreme Court last month that legal professional privilege would not apply to advice from non-lawyers confirms how important it is for insurers to maximise the value of legal privilege.”

Full story

OUT-LAW.com, 13th February 2013

Source: www.out-law.com