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09 August 2007
Issue: 7285 / Categories: Legal News , CPR
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Court moves to protect privilege

News

A court does not have the power to order the defence to serve details identifying defence witnesses under the guise of the Criminal Procedure Rules 2005 (CrimPR), the High Court has ruled.

In R (on the application of Kelly) v Warley Magistrates’ Court and another the court said that any such requirement would require statutory authority.
The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate’s Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

In the original case, the judge had directed that the defence should disclose to the Crown Prosecution Service the names, addresses and dates of birth of all potential defence witnesses in connection with the claimant’s forthcoming trial. Lord Justice Laws and Mr Justice Mitting, however, said an unconditional order for the disclosure such material infringes privilege rules and should be quashed.

Andrew Keogh, a partner at Tuckers Solicitors, says: “Regrettably some judges have treated the criminal procedure rules as a ‘ways and means Act’ and have used them to try and cure perceived deficiencies in the disclosure regime. This important judgment makes clear the somewhat limited scope of the rules in this regard.”

Issue: 7285 / Categories: Legal News , CPR
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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