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

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

Phillips v News Group Newspapers Ltd and another – WLR Daily

Phillips v News Group Newspapers Ltd and another [2012] UKSC 28 ; [2012] WLR (D) 193

“The privilege against self-incrimination did not entitle a private investigator to refuse to comply with an order in civil proceedings requiring him to disclose the identity of those who had instructed him to intercept mobile phone voicemail messages containing confidential information of a commercial nature.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Bar Council Calls for Government to Protect Civil Liberties – The Bar Council

Posted April 5th, 2012 in human rights, investigatory powers, news, privilege, public interest by sally

“The Bar Council, which represents barristers in England and Wales, has called for the Government to amend further the Regulation of Investigatory Powers Act 2000 (RIPA) to protect civil liberties and open justice.”

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The Bar Council, 4th April 2012

Source: www.barcouncil.org.uk

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

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OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Tribunal hands down key privilege ruling in OFT dairy pricing case – Legal Week

Posted March 26th, 2012 in competition, news, price fixing, privilege, tribunals by sally

“The Competition Appeal Tribunal (CAT) has held that confidentiality under litigation privilege applies to Competition Act investigations, in a key ruling in the Office of Fair Trading’s (OFT’s) long-running investigation into dairy retail pricing.”

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Legal Week, 26th March 2012

Source: www.legalweek.com

Flood v Times Newspapers, Supreme Court allows “Reynolds” appeal – UK Human Rights Blog

Posted March 22nd, 2012 in defamation, news, privilege, public interest, Supreme Court by sally

“In a unanimous decision ([2012] UKSC 11) the Supreme Court allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that it could not rely on Reynolds qualified privilege. The Supreme Court restored the decision of Mr Justice Tugendhat ([2009] EWHC 2375 (QB)) who had ruled, on the hearing of a preliminary issue, that the Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant.”

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UK Human Rights Blog, 22nd March 2012

Source: www.ukhumanrightsblog.com

Flood v Times Newspapers Ltd – WLR Daily

Posted March 22nd, 2012 in defamation, law reports, privilege, public interest, Supreme Court by sally

Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] WLR (D) 93

“A publisher was protected from liability for defamation when it published an article containing allegations of corruption against a named police officer, even though the allegations were subsequently held to be unfounded, if it could be shown that the issues raised in the article were matters of public interest and that at the time of publication it appeared to the publishers that there was a strong circumstantial case for believing the allegations to be true.”

WLR Daily, 21st March 2012

Source: www.iclr.co.uk

Flood v The Times: Reynolds privilege defence is back – The Guardian

Posted March 21st, 2012 in appeals, defamation, internet, media, news, police, privilege by sally

“The supreme court’s unanimous decision in Flood v Times Newspapers, handed down on Wednesday, gives some comfort to the media in what are otherwise gloomy times for journalists when the reputation of the news gathering and reporting trade, mid-Leveson inquiry, is hanging by a thread and the threat of statutory regulation looms large.”

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The Guardian, 21st March 2012

Source: www.guardian.co.uk

Protect legal privilege, bar urges government – Law Society’s Gazette

Posted February 10th, 2012 in investigatory powers, legal profession, news, privilege by tracey

“The Bar Council has urged the government to protect the right of citizens to hold private conversations with their lawyers. The call, supported the Law Society, comes as the proposed Protection of Freedoms Bill, intended to protect people from unwarranted state intrusion in their private lives, goes through parliament.”

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Law Society’s Gazette. 9th February 2012

Source: www.lawgazette.co.uk

Coogan v News Group Newspapers Ltd and another; Phillips v Same – WLR Daily

Coogan v News Group Newspapers Ltd and another; Phillips v Same [2011] EWCA Civ 48; [2012] WLR (D) 18

“The phrase ‘technical or commercial information or other intellectual property’ within the definition of ‘intellectual property’ in section 72 of the Senior Courts Act 1981 was apt to embrace telephone voice messages said to have been intercepted by a private investigator on the telephones of individuals; and the effect of that finding was that the privilege against self-incrimination on which the interceptor might otherwise have relied was removed.”

WLR Daily, 1st February 2012

Source: www.iclr.co.uk