Category: privilege

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.’

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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.

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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

Posted January 15th, 2014 in appeals, confidentiality, disclosure, local government, news, planning, privilege, public interest, solicitors, tribunals by tracey

‘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.’

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Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

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

Posted December 4th, 2013 in bills, freedom of information, human rights, leases, lobbying, news, privilege, royal family, tribunals, veto by sally

‘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.’

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The Guardian, 3rd December 2013

Source: www.guardian.co.uk

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

Posted October 14th, 2013 in compensation, complaints, human rights, intelligence services, interception, internet, investigatory powers, Libya, news, privacy, privilege, rendition, solicitors, telecommunications, torture by sally

“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.”

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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.”

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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

Posted July 10th, 2013 in competition, EC law, legal profession, news, privilege, prosecutions, whistleblowers by sally

“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).”

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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.”

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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.”

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OUT-LAW.com, 13th February 2013

Source: www.out-law.com

An assault on family law – Halsbury’s Law Exchange

Posted February 1st, 2013 in appeals, families, financial provision, news, privilege by tracey

“As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. To ignore the law, as the cases below show, can be repressive and is certainly illegal.”

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Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Legal professional privilege fight goes on – Law Society’s Gazette

Posted January 28th, 2013 in accountants, legal profession, news, privilege by sally

“The fight to defend legal professional privilege looks set to continue, despite last week’s landmark victory for the profession in the Supreme Court. Parliament was urged to consider extending the scope of LPP in the wake of the judgment by the 140,000-member Institute of Chartered Accountants in England and Wales.”

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Law Society’s Gazette, 28th January 2013

Source: www.lawgazette.co.uk

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening) – WLR Daily

Posted January 25th, 2013 in accountants, financial advice, law reports, legal profession, privilege, taxation by tracey

Regina (Prudential plc and another) v Special Comr of Income Tax and another (Institute of Chartered Accountants and others intervening): [2013] UKSC 1;   [2013] WLR (D)  20

“Legal advice privilege would not be extended to communications in connection with advice given by professional people other than members of the legal profession, even where that advice was legal advice which the professional person was qualified to give.”

WLR Daily, 23rd January 2013

Source: www.iclr.co.uk

Legal advice privilege should not extend to accountant’s advice, says Supreme Court – UK Human Rights Blog

Posted January 24th, 2013 in accountants, financial advice, news, privilege, Supreme Court by sally

“The Supreme Court has ruled that legal advice privilege should only apply to advice given by a member of the legal profession; that this is what the common law has always meant, and that any wider interpretation would lead to uncertainty. Two strong dissents do not find any principled underpinning for the restriction of the privilege to advice from solicitors or barristers.”

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UK Human Rights Blog, 24th January 2013

Source: www.ukhumanrightsblog.com

Bar Council welcomes Supreme Court ruling on LLP – The Bar Council

Posted January 24th, 2013 in accountants, barristers, financial advice, news, privilege, Supreme Court by sally

“The Bar Council, which represents barristers in England and Wales, has welcomed the 5:2 majority ruling of the Supreme Court against extending legal professional privilege (LPP) to non-lawyers, following a case put forward by financial services group, Prudential, requesting that LPP be extended to protect advice given by accountants.”

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The Bar Council, 23rd January 2013

Source: www.barcouncil.org.uk

R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) – Supreme Court

Posted January 23rd, 2013 in accountants, financial advice, law reports, legal profession, privilege, taxation by sally

R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) [2013] UKSC 1 | UKSC 2010/0215 (YouTube)

Supreme Court, 23rd January 2013

Source: www.youtube.com/user/UKSupremeCourt

Blackstone’s Pannick fails to persuade Supreme Court to extend privilege to accountants – The Lawyer

Posted January 23rd, 2013 in accountants, financial advice, legal profession, news, privilege, taxation by sally

“The Supreme Court has refused to extend legal privilege to accountants offering tax advice.”

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The Lawyer, 23rd January 2013

Source: www.thelawyer.com

Final ruling on legal advice confidentiality expected tomorrow – OUT-LAW.com

Posted January 22nd, 2013 in accountants, confidentiality, news, privilege by sally

“Lawyers will learn tomorrow whether the confidential protection that attaches to their communication with clients can also be claimed by accountants. A Supreme Court ruling on the issue of legal professional privilege (LPP) is expected tomorrow.”

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OUT-LAW.com, 22nd January 2013

Source: www.out-law.com

‘The Right to Resist: Privilege for Employment Lawyers’ – 11 KBW

Posted January 21st, 2013 in barristers, confidentiality, disclosure, employment, news, privilege by sally

“There are may aspects to the law of privilege, but what they have in common is a right to resist the compulsory disclosure of information. The law of privilege is, at least in part, a manifestation of the law of confidentiality. However, the underlying principle is one of public policy: where privilege applies, the law treats the benefits of full and transparent disclosure of information in the context of litigation as being outweighed by the benefits of giving litigants the right to keep information private.”

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11 KBW, 18th January 2013

Source: www.11kbw.com

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another – WLR Daily

Posted November 28th, 2012 in costs, law reports, part 36 offers, privilege, without prejudice communications by sally

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others; Zodiac Seats UK Ltd and another v Virgin Atlantic Airways Ltd; Premium Aircraft Interiors UK Ltd v Comptroller General of Patents, Designs and Trade Marks and another [2012] EWHC 3318 (Pat); [2012] WLR (D) 349

“A party that referred the court to a term of an offer made by it pursuant to CPR Pt 36 waived its without prejudice privilege and could not prevent the remaining terms of the offer from being referred to the court.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Police shootings prove contempt laws are not fit for purpose – The Guardian

Posted September 21st, 2012 in contempt of court, firearms, media, news, police, privilege by tracey

“Watching the press conference by Greater Manchester Police, I was not the only journalist to remark that it looked and sounded more like one held by police in the USA where contempt laws hold no sway in the run-up to a trial. Here, as soon as someone is arrested, no one should publish anything which might cause a substantial risk of serious prejudice or serious impediment to the proceedings that might take place.”

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The Guardian, 20th September 2012

Source: www.guardian.co.uk