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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll