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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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