header-logo header-logo

24 February 2017 / John Gould
Issue: 7735 / Categories: Features , Profession
printer mail-detail

Privilege in peril?

nlj_7735_gould

Is legal professional privilege at risk of losing its status as a certain & absolute right? John Gould reports

 
  • A statute can override legal professional privilege but Parliament’s intention to do so must be clear.

  • The distinction, illustrated in Avonwick , between the right to obtain privileged information and the right to use it is an important one.

  • The Investigatory Powers Act 2016 could mean that there is no certainty that privileged communications will not be intercepted or used.

The rule of law requires that individuals can obtain legal advice in private. The risk that a policeman is listening to a client’s discussions with his lawyer may stop an individual consulting a lawyer at all, or at least prevent him from giving a full and frank account to his lawyer. An individual, alone, without an effective lawyer in possession of the full facts, may not be able to obtain the justice the law provides.

Lord Taylor in R v Derby Magistrates’ Court, ex p B [1996] AC 487, [1995] 4 All ER 526, described

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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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