Archive for the 'privilege' Category



Court of Appeal confirms limits to legal professional privilege – Law Society’s Gazette

“The Court of Appeal today unanimously confirmed that legal professional privilege (LPP) only applies to qualified lawyers – solicitors and barristers. The decision was welcomed by the Law Society as giving certainty to solicitors and their clients.”

Full story

Law Society’s Gazette, 14th October 2010

Source: www.lawgazette.co.uk

Privilege judgment is an unjustified blow to in-house lawyers – The Guardian

“The European court of justice’s ruling will prevent in-house lawyers giving frank advice in antitrust cases.”

Full story

The Guardian, 14th September 2010

Source: www.guardian.co.uk

Ian Tomlinson post-mortem examination report withheld – BBC News

“A post-mortem examination report into the death of a man at the G20 protests last year has been withheld from authorities, it has emerged.”

Full story

BBC News, 8th September 2010

Source: www.bbc.co.uk

Regina v Seaton – WLR Daily

Regina v Seaton [2010] EWCA Crim 1980; [2010] WLR (D) 234

“Where it was suggested at trial that a defendant’s or witness’s account was a recent fabrication, he could not, unless he had waived legal professional privilege, be asked whether he had told his lawyer what he now said was the truth, or whether he was willing to waive the privilege. If a defendant gave evidence of what had passed between him and his lawyer, he could not be in breach of his own privilege, but was waiving privilege, although not necessarily waiving it entirely and generally. If a defendant said that he had given his solicitor the account then offered at trial, that would ordinarily mean that he could not be cross-examined about exactly what he had told the solicitor on that topic, but another party could comment upon the fact that the solicitor had not been called to confirm something which, if true, he easily could confirm, if the comment were fair.”

WLR Daily, 20th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Flood v Times Newspapers Ltd – WLR Daily

“In a report concerning an investigation into allegations of corruption against a police officer the media were entitled in the public interest to include the specific allegations made against the officer only where the requirements of the responsible journalism defence or Reynolds privilege were met.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Quinn Direct Insurance Ltd v The Law Society of England and Wales – WLR Daily

“There was no reason to imply into the statutory scheme for the regulation of solicitors any provision or term entitling or obliging the Law Society to produce to a qualifying insurer documents emanating from a firm of solicitors into which it had intervened which were subject to the privilege of a client of the firm. If the client consented or his privilege was impliedly waived by a claim against the solicitor then there was no reason why the Law Society, as it had done, could not produce such documents to the qualifying insurer.”
WLR Daily, 15th July 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law Society seeks to block privilege for non-lawyers – Law Society’s Gazette

“The Law Society has been granted permission to intervene in a Court of Appeal case that could see legal professional privilege (LPP) extended to non-lawyers.”

Full story

Law Society’s Gazette, 6th May 2010

Source: www.lawgazette.co.uk


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