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19 September 2018
Issue: 7809 / Categories: Legal News
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Threat to client confidentiality

The historic legal right to lawyer-client confidentiality could be put in jeopardy if proposed anti-terror laws go ahead, solicitors have warned.

The Counter-Terrorism and Border Security Bill, has already passed through the House of Commons and is due to have its second reading in the House of Lords in October. It gives border guards powers to stop and detain travellers for questioning without suspicion they have committed an offence.

However, the Law Society has pointed out several shortcomings—there is no right to consult a solicitor if a person is examined and questioned for under an hour; and access to a solicitor is only given on request. Moreover, the Society says, the bill ‘compromises the right to a solicitor of a detained person by requiring an officer to be present during the consultation with the solicitor’. And in certain circumstances, access to a solicitor can be further delayed where this is authorised by a police officer of at least the rank of superintendent.

‘Everyone under suspicion of a crime should be able to access confidential legal advice, particularly when facing serious charges,’ said Law Society president Christina Blacklaws.

‘Even when a solicitor is present, the bill currently only allows the suspect to consult them when an officer is listening in. The confidential nature of communication between a lawyer and their client has long been affirmed as a fundamental human right.’

A Home Office spokesperson said: ‘The UK faces a sustained threat from hostile state activity and it is essential that police officers have the power to question individuals at UK ports and the border area to determine whether they pose a threat to our national security.’

Issue: 7809 / Categories: Legal News
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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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