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A strictly legal privilege

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

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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