Privilege – Law Journals

Privilege: Behind closed doors

Jemma Pollock and Saphia Wyse examine the extent to which privilege will apply to FDR negotiations where there are allegations of fraud FPR 2010, PD 9A, para 6.2 allows parties the freedom to negotiate and make concessions knowing that, save in very limited circumstances, the contents of their discussions will not be used against them …

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Privilege: Making Briggs without Clay

Stewart Hey, Simon Heatley and Iona Macmillan Douglas brush the dust off without prejudice privilege ‘There was no dispute that the relevant correspondence was without prejudice (WP). The question for the court was whether any exception to the rule applied.’ Legal professional privilege has been in the spotlight (and very rarely out of it) in …

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Privilege: A goal in the pipeline

Joseph Sullivan reports on the first televised decision in the Court of Appeal ‘The courts have recognised that there are important policy reasons for permitting parties to obtain advice from their lawyers and to prepare for litigation without fear of those communications subsequently being disclosable to their opponent.’ In the recent case of WH Holding …

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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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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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The ‘without prejudice‘ rule: A sacred right?

The Royal Court of Guernsey has dismissed an application to admit privileged communications. Joseph de Lacey discusses ‘In order to test the decision-making process, D applied for disclosure of documents evidencing the decision and the decision-making process, permission to adduce expert evidence as to the trusts‘ value, and permission to cross-examine the trustees.‘ The Royal …

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Privilege: Careful conduct

James Mather and Joel Seager examine the position of insolvency officeholders and privilege ‘As regards privileged materials, it is clear that the trustee remains entitled to make at least some use of their contents, such as to further an investigation by following a line of enquiry. What the trustee must never do, however, is to …

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Privilege: Accidents will happen

Susan Rosser and Jonny Cohen consider a recent case of accidental disclosure ‘When a document is disclosed which is, on its face, privileged, it falls to the inspecting party to determine whether the document has been disclosed in error or whether privilege has been deliberately waived.’ In the recent case of Atlantisrealm Ltd v Intelligent …

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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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Privilege: Keeping secrets

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 …

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