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Human Rights Update

29 November 2007 / Susan Nash
Issue: 7299 / Categories: Features , Human rights
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LEGAL PROFESSIONAL PRIVILEGE >>
TRANSPORTING PRISONERS >>
TREATMENT IN DETENTION >>

Legal professional privilege: Search and seizure of electronic data

The complaint in Wieser and Bicos Beteiligungen GmbH v Austria (App no 74336/01) [2007] ECHR 815 related to the search and seizure of electronic data, which was obtained in breach of procedural safeguards protecting lawyers’ professional secrecy provided under national legislation. The applicants are a limited liability company and its owner and general manager, who is a lawyer.

Relying on the European Convention on Human Rights, Art 8 (the right to respect for private and family life) the applicants complained that the search and seizure of material from the general manager’s office amounted to an interference with the right to correspondence. During a criminal investigation into illegal trade in medicine, police officers conducted a search in the presence of one of the applicants and a representative of the Salzburg Bar Association.

- One group of officers searched for hard copies of files. When the applicant objected to the examination of a document, it was sealed

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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