Henry Venables and Honor Giles consider the approach to an application for the disclosure of FDR appointment documents for use in civil proceedings and the limited circumstances in which such disclosure may be permitted An FDR appointment is a compulsory hearing that the parties must personally attend. The obligation is on the parties to hold …
Continue reading "Disclosure: Behind closed doors"
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Clare Arthurs and Nicole Finlayson stand on the touchline to witness privilege bouncing back ‘The authorities were clear that once privileged, always privileged: it would undermine the purpose of privilege if a lawyer had to qualify their assurance of confidentiality to the client.’ As rugby fever swept the nation, legal advice privilege once again found …
Continue reading "Insights by Penningtons Manches Cooper: Survival of the fittest"
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Kelly Merris and Charlie Fikry provide an analysis of a case involving legal professional privilege where fraud was alleged and assess the wider implications ‘Legal professional privilege is considered a fundamental condition on which the administration of justice rests.’ In Bruzas v Saxton [2018] Holman J gave a preliminary judgment following a highly unusual sequence …
Continue reading "Legal professional privilege: Behind closed doors"
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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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Paolo Sidoli looks at a reassertion of privilege by the Court of Appeal ‘A client must be confident and certain that what they tell their solicitor will remain between them and the adviser.’In Avonwick Holdings Ltd v Shlosberg [2016], the Court of Appeal considered whether privilege attaching to a bankrupt’s documents constituted property which vests …
Continue reading "Privilege: Keeping secrets"
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Wills & Trusts Law Reports | July/August 2015 #151The claimant (K) and second defendant (A) are brother and sister. They are the children of George Kousouros (D) who died in Cyprus in March 2007 leaving a large house in Islington (the property) where he had lived with K prior to returning to Cyprus in 2000 and which also provided a rental income. According to K, who still lives there and takes the rental income, D transferred the property to him in 2001 on terms which included a payment to A of £50,000 and pursuant on the oral terms his parents executed a deed of transfer of the registered title to the property in form TR1 which A was a...
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...
Clare Arthurs discusses the implications of the Keydata case ‘Finding joint interest privilege where no joint retainer exists might place lawyers in a difficult position both contractually and in terms of potential conflicts.’ Drawing the line between the interests of a company and those of its human agents can be difficult. In many cases the …
Continue reading "Privilege: Hear no evil, see no evil"
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Johnathan Payne and Richard McKeown assess the impact of Edwards-Tubb v Wetherspoon ‘It has long been recognised that the courts could make conditional orders where the party sought to substitute an expert who had been named within proceedings.’ Litigators should be aware of the Court of Appeal’s recent judgment in the case of Edwards-Tubb v …
Continue reading "Procedure: Making your mind up"
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