header-logo header-logo

A strictly legal privilege

25 November 2010 / Julian Copeman , Heather Gething
Issue: 7443 / Categories: Features , Public , Procedure & practice
printer mail-detail

Julian Copeman & Heather Gething consider the application of privilege in light of the Prudential decision and the impact of the Legal Services Act

The disclosure of documents in English litigation is an important tool which allows the court to do justice between the parties with “all the cards on the table”. It therefore serves the general public policy that cases should be decided by reference to all available evidence. Similarly, in the tax context, the disclosure of documents to HM Revenue & Customs (HMRC) enables a fair assessment of the taxpayer’s liability to tax based on a review of all of the relevant evidence.

However, the requirement to disclose relevant documents in litigation or to public authorities is limited by Legal Professional Privilege (LPP), which has long been established in the common law and, more recently, as a fundamental human right protected by the right to privacy under Art 8 of the European Convention on Human Rights. LPP is seen as a necessary corollary of the right of any person

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll