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Privilege in peril?

24 February 2017 / John Gould
Issue: 7735 / Categories: Features , Profession
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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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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