Category: privilege

Freedom of Information and Data Protection: Case Law Update 2014 – Thirty Nine Essex Street

Posted March 18th, 2015 in damages, data protection, freedom of information, human rights, legal profession, news, privilege, Supreme Court, vexatious litigants by sally

‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Access all areas? – New Law Journal

Posted March 2nd, 2015 in bills, codes of practice, confidentiality, data protection, EC law, electronic mail, freedom of expression, intelligence services, interception, investigatory powers, legal profession, news, police, privacy, privilege, telecommunications, terrorism by sally

‘Overriding lawyer-client & confidential communications is incompatible with the rule of law, as Nicholas Griffin QC, Robert O’Sullivan QC & Gordon Nardell QC explain.’

Full story

New Law Journal, 27th February 2015

Source: www.newlawjournal.co.uk

UK admits unlawfully monitoring legally privileged communications – The Guardian

Posted February 19th, 2015 in human rights, intelligence services, interception, investigatory powers, law firms, news, privilege, telecommunications, tribunals by sally

‘The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.’

Full story

The Guardian, 18th February 2015

Source: www.guardian.co.uk

Late claimant’s bid to delay trial refused – Law Society’s Gazette

Posted February 4th, 2015 in care homes, costs, delay, news, privilege, time limits, witnesses by sally

‘The High Court has rejected a non-compliant claimant’s plea to set aside a trial date but stopped short of effectively ending the claim altogether.’

Full story

Law Society’s Gazette, 30th January 2015

Source: www.lawgazette.co.uk

MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

Posted January 14th, 2015 in confidentiality, intelligence services, interception, legal representation, news, privilege, solicitors, telecommunications by tracey

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

High Court bats away challenge to privilege of ‘without prejudice’ costs letters – UK Human Rights Blog

Posted January 6th, 2015 in costs, law firms, news, privilege by sally

‘Without prejudice’ correspondence between law firms on the costs of a complex dispute between mosquito net manufacturers was protected by privilege and not admissible in court, the High Court has ruled in a case with combined costs of £4.6m.’

Full story

UK Human Rights Blog, 6th January 2015

Source: www.ukhumanrightsblog.com

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

Posted December 15th, 2014 in claims management, documents, HM Revenue & Customs, legal profession, news, privilege, search & seizure, warrants by tracey

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

Full story

Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

Posted December 15th, 2014 in barristers, confidentiality, intelligence services, interception, investigatory powers, legal profession, press releases, privilege, solicitors by tracey

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Angela Patrick: Suing the state: judicial competence, restraint and redress in Belhadj – UK Constitutional Law Association

Posted November 7th, 2014 in closed material, disclosure, legal profession, news, privilege, rendition, state immunity by tracey

‘The coverage of last week’s Court of Appeal’s decision in Belhadj & Or. v Straw & Ors [2014] EWCA Civ 1394 has thus far generated more political heat than legal light. When a claim involves the suit of named officials and former Ministers for their alleged role in the rendition of a major political figure in the new Libya and his family to face torture under the Gaddafi regime, this is perhaps understandable. In a week where the Government – in the context of this claim – has conceded that it must disclose certain of its policies on surveillance and legal professional privilege, it is unsurprising that the press has had little time to digest the detail of this judgment.’

Full story

UK Constitutional Law Association, 7th November 2014

Source: http://ukconstitutionallaw.org/blog/

MI5, MI6 and GCHQ ‘spied on lawyers’ – BBC News

Posted November 7th, 2014 in disclosure, intelligence services, legal profession, news, privilege, spying by tracey

‘British intelligence agencies have policies allowing staff to access confidential communications between lawyers and their clients, official documents have revealed.’

Full story

BBC news, 6th November 2014

Source: www.bbc.co.uk

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Posted October 17th, 2014 in dispute resolution, documents, evidence, law reports, loans, privilege, statutory demands, without prejudice communications by tracey

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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

Posted September 15th, 2014 in codes of practice, confidentiality, costs, disciplinary procedures, disclosure, injunctions, inquiries, internet, media, news, police, privilege, solicitors, tribunals by tracey

‘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

Posted August 18th, 2014 in banking, costs, disclosure, documents, fraud, human rights, law firms, legal profession, news, privilege, solicitors by tracey

‘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

Posted August 15th, 2014 in assets recovery, banking, disclosure, human rights, news, privacy, privilege, sentencing, solicitors by tracey

‘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

Posted August 14th, 2014 in contempt of court, deceit, disclosure, human rights, news, perjury, privacy, privilege, self-incrimination by sally

‘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

Posted June 4th, 2014 in appeals, disclosure, freedom of information, local government, news, privilege, public interest, solicitors, tribunals, whistleblowers by tracey

‘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

Posted May 7th, 2014 in environmental protection, freedom of information, legal profession, news, privilege by sally

‘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