header-logo header-logo

30 September 2022
Issue: 7996 / Categories: Legal News , Profession , Privilege
printer mail-detail

NLJ this week: Privilege for whom, and when?

96055
When does legal professional privilege apply? That was the nub of the issue in the recent case of Loreley Financing (Jersey) v Credit Suisse. Writing in this week’s NLJ, Rhys Novak and Emilie Brammer look into the details of the case and assess the two-stage test set out by the High Court.

The case raised issues as to ‘whether litigation privilege can apply to communications between a lawyer and client, despite the fact that legal advice privilege also applies in such circumstances’, they write.

Novak and Brammer note that ‘this case provides a stark reminder that, while the identity of instructing individuals may be privileged in some circumstances, those situations are likely to be rare. Efforts to argue for a broader application of litigation privilege—on the basis that the identity of those providing instructions should always be protected as falling within a ‘zone of privacy’—has been firmly rejected’.

Read the full discussion of this informative case here.
Issue: 7996 / Categories: Legal News , Profession , Privilege
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll