Nicole Finlayson and Clare Arthurs exorcise the ghost of privilege past ‘It was common ground that SDIP would not be required to produce any documents which were indeed subject to privilege which would be infringed by being produced to the FRC.’ The spectre of legal professional privilege looms large in many a judgment these days. …
Continue reading "Insights by Penningtons Manches: Another petrifying blow for privilege?"
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Wills & Trusts Law Reports | Spring 2018 #171The appellants were beneficiaries of a number of Bahamian trusts; the respondent solicitors (‘TW’) act on behalf of the trustee of these trusts. On 4 August 2014, the appellants served a subject access request (‘SAR’) on TW, requesting disclosure of the personal data relating to the appellants held by TW as the solicitors for the trustee. The appellants were not satisfied by TW’s response to the SAR. They therefore applied to the court to exercise its discretion under s.7(9) of the Data Protection Act 1998 (‘DPA’), and grant a declaration that TW had not complied with t...
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 | 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...
Julian Copeman and Heather Gething look ahead to the Prudential appeal ‘The Law Society, the Bar Council and the Institute of Chartered Accountants in England and Wales (ICAEW) all intervened in the Court of Appeal, and have also been granted permission to intervene in the Supreme Court.’ On 13 October 2010 the Court of Appeal …
Continue reading "Privilege: Prudential and privilege: a re-match"
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Julian Copeman and Heather Gething review the impact of the Prudential judgment ‘The disclosure of documents in English litigation is an important tool that allows the court to do justice between the parties with “all the cards on the table”. It therefore serves the general public policy that cases should be decided by reference to …
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