LEXLAW Solicitors & Barristers
In complex civil litigation, lower courts can commit critical procedural errors, such as deciding an application based on arguments that were never formally pleaded by the parties. As demonstrated by the High Court’s ruling today in Arran Coghlan & Anor v Lexlaw Ltd, an appellate strategy that holds a lower court to the boundaries of civil procedure can successfully reverse an irregular judgment.
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.
Conversations can easily be recorded by everyday devices, but can those recordings be deployed in litigation before the UK courts?
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