header-logo header-logo

19 May 2017 / David Owen
Categories: Features , Profession , Litigation trends
printer mail-detail

LPP: handle with care

Erosion of privilege—are we at the thin end of the wedge, asks David Owen

In its February 2017 guidance note Legal Professional Privilege, the Law Society said: ‘Legal professional privilege (LPP) is one of the highest rights recognised by English law. It arises when clients approach lawyers for legal advice or for assistance with resolving contentious issues. LPP, which has existed for over 400 years, is treated under English law as a fundamental common law right and as a human right. It is a necessary corollary of the right of every person to seek legal advice and it plays a crucial role in ensuring the proper administration of our justice system. Accordingly, it is a precious right, vigorously protected by our judiciary and usually treated with the utmost respect by parliament when it legislates.’

The Law Society felt compelled to issue such strongly worded guidance in response to the significant challenges faced by LPP, a fundamental right which, it is important to remember, belongs to clients not lawyers.

The challenges have

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

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
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
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll