LEXLAW Solicitors & Barristers
For privilege to apply, there must be a lawyer (i.e. a solicitor or barrister) in the communication for legal advice privilege to apply. Legal advice privilege does NOT extend to other professionals such as accountants. Therefore, in disputes with HMRC for example, (potentially incriminating) communications with an accountant can be disclosed and are not privileged.
The DPS is intended to promote a wholesale change of culture in the approach to the disclosure process in civil litigation, with the hope that it will result in a more efficient and flexible disclosure process, tailored to the individual requirements of each case.
In the High Court case of Collier & Ors v Bennett, three claimants obtained a Norwich Pharmacal order against Doughty Street Chambers’ barrister, Daniel Bennett for pre-action disclosure of messages and details of a Twitter account to assist victims of libel and harassment.
The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.
The Court discussed the principles of disclosure in the recent case of Square Global Ltd v Leonard [2020] EWHC 1008 which case highlights the importance of involving solicitors in…
Conversations can easily be recorded by everyday devices, but can those recordings be deployed in litigation before the UK courts?
The Court of Appeal handed down a significant decision on 28 January 2020 in Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020]…