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06 May 2016 / David Burrows
Issue: 7697 / Categories: Features , Family
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Stemming family leaks

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David Burrows shares his reflections on legal advice privilege & the Panama Papers

The leaked Panama Papers raise questions for a lawyer asked to advise in relation to documents which may provide evidence of fraud, for example a family lawyer who is asked for advice on the documents of an allegedly non-disclosing spouse. If fraud is proved, information from the leaks could be used to set aside a matrimonial finance order (per Sharland v Sharland [2015] UKSC 60, [2016] 1 All ER 671) if it shows non-disclosure. However, prior questions arise before documents can be used as part of the client’s case. The first is: are any of the leaked documents covered by legal professional privilege (LPP)—in this case, its major branch, legal advice privilege (LAP)—which would make them beyond the range of disclosure in court proceedings?

This article first defines LAP. Second, it asks whether LAP applies to leaked documents according to whether they were part of a “relevant legal context”; and, third, it questions whether LAP may not arise in the first place,

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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