header-logo header-logo

24 November 2011
Issue: 7491 / Categories: Case law , Law digest , In Court
printer mail-detail

Legal privilege

JSC BTA Bank v Shalabayev and another [2011] EWHC 2915 (Ch), [2011] All ER (D) 94 (Nov)

It was well established that if a communication or document qualified for legal professional privilege, that privilege was absolute. It could not be overridden by a supposedly greater public interest. It could be waived by the person entitled to it, and it could be overridden by statute but otherwise it was absolute.

There was no balancing exercise that had to be carried out. Although the possibility existed that, without waiving the privilege, a person could nonetheless indirectly forfeit the right to claim privilege, such as, for example, if the person had been given every chance to claim privilege within a reasonable period, and had failed to do so, the court should be very wary of allowing a potentially valid claim to privilege, however late it was made, to be indirectly overridden by the exercise of a case management power. Otherwise, there was a danger of a litigant’s substantive right to legal privilege being forced to yield, indirectly, to just the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll