Three Rivers District Council v Bank of England (No 6) [2003] EWCA Civ 474; [2004] UKHL 48 – Law Journals

Legal professional privilege: Behind closed doors

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 …

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Privilege: Don’t quote me on this

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 …

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Disclosure: It’s a privilege

Julian Copeman, Anna Pertoldi and Maura McIntosh review a significant Court of Appeal judgment ‘In the Court of Appeal’s view, the whole subtext of the relationship between ENRC and the SFO was the possibility, if not the likelihood, of prosecution if the self-reporting process did not result in a settlement.’ On 5 September 2018 the …

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Disclosure: Privileged upbringing

Richard Farnhill resumes his assessment of the current law of privilege ‘Cotton LJ divides agents into two camps: those responsible for obtaining legal advice and all the rest. Only communications between the lawyer and the former camp are protected. There are significant issues with that approach.’ In the first part of this article, I examined …

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Privilege: What divides us

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 …

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Substantial Assets: A one-sided argument

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 …

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Privilege: Ever-decreasing circles

Gwendoline Davies, Andrew Northage and Robert Starr assess the impact of a recent ruling on legal professional privilege ‘There are important public policy justifications underpinning privilege, such as the need for clients to be able to candidly disclose matters to their lawyers.’ A recent High Court ruling is the latest in a line of cases …

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Practice: For your eyes only

Andrew Beck and Gwendoline Davies return to update the law and practice of legal advice privilege and litigation privilege ‘When faced with a request for information or a request for disclosure, it is no longer sufficient for a party to simply shout privilege in an attempt to justify a refusal to respond.’In January 2016 we …

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Regulation: Safe passage

John Doherty and Richard Reeve-Young explore the vexed question of legal professional privilege in the context of increasing regulation ‘Practitioners must carefully consider the identity of the individuals employed by their client company in order to ensure that advice given falls within the remit of legal advice privilege (LAP) and attracts the necessary protection from …

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Regulation: Safe passage

John Doherty and Richard Reeve-Young explore the vexed question of legal professional privilege in the context of increasing regulation ‘Practitioners must carefully consider the identity of the individuals employed by their client company in order to ensure that advice given falls within the remit of legal advice privilege (LAP) and attracts the necessary protection from …

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