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31 January 2019 / Shane Crawford
Issue: 7826 / Categories: Features , Employment , Discrimination
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Illuminating iniquity: what’s confidential?

Is evidence which discloses iniquity still considered legally privileged? Shane Crawford looks at the facts

  • Examines a recent Employment Appeal Tribunal case in which the limits of legal privilege were considered in circumstances where the contents of the document in question disclosed possible iniquity.

In a recent Employment Appeal Tribunal (EAT) decision, X v Y Ltd UKEAT/0261/17/JOJ, the limits of legal privilege were considered in circumstances where the contents of the document disclosed potential iniquity.

Evidence to which legal privilege attaches may still be used as evidence in the employment tribunal if the advice provided within facilitates an iniquity.

‘Advice sought or given for the purpose of iniquity is not privileged’: Barclays Bank plc v Eustice [1995] 4 All ER 511, [1995] 1 WLR 1238.

Sources of evidence may be pertinent—if not essential—to a claim, but their admissibility is thwarted by their classification as being privileged. Such a situation arose in X v Y Ltd , where an email between lawyers for the respondent

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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