Richard Farnhill concludes his examination of privilege and considers if the system is fit for purpose ‘The recent privilege decisions are inconsistent with, and indeed have not considered, the substantive rules on attribution. In the absence of any proper distinction, those rules are binding and the recent privilege decisions are therefore incorrect.’ The first two …
Continue reading "Privilege: Don’t quote me on this"
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In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution ‘Where an agent has become aware of facts or information in the course and as a consequence of his or her duties and communicates them to the legal adviser with a view …
Continue reading "Privilege: What divides us"
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Beth Mason and Georgia Day examine a case involving a large amount of assets, but also issues relevant to cases concerned with lesser sums ‘If a solicitor becomes a client’s ”man of business”, advising the client on investment matters, finance policy and other business matters, then the advice may lack the relevant legal context for …
Continue reading "Substantial Assets: A one-sided argument"
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Gwendoline Davies and Andrew Beck explain the important principle of legal advice privilege and offer their practical advice ‘The judge emphasised that factual documents will not attract privilege simply because they were prepared by a lawyer who was present at a meeting – the key consideration will be whether the documents were created in connection …
Continue reading "Privilege: Practice makes privileged"
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Wills & Trusts Law Reports | March 2014 #137HMRC opened an enquiry into Mr Behague’s (the appellant) self-assessment return and issued a notice to the appellant under para 1 of sch 36 of the Finance Act 2008. This notice requested the provision, to HMRC, of a client engagement letter and a report issued to the appellant by his solicitors. The appellant appealed this notice and claimed legal professional privilege (LLP) applied to the documents.
HMRC accepted that communications between a solicitor and his client were privileged to the extent they related to the giving or obtaining of legal advice, however HM...
Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …
Continue reading "Discrimination Law: Claims by equity partners"
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