LEGAL PROFESSIONAL PRIVILEGE (LPP): RECENT CASES IN THE COURT OF APPEAL AND HIGH COURT

On 13th November, Reed Smith published an article saying that the recent ENRC case has moved the law of legal professional privilege (LPP) in a realistic and commercial direction, whilst also leaving the door open to an appeal to the Supreme Court.  Reviewing the case, the article concludes that challenges to LPP will not disappear and so the issue of privilege remains an important one.  The principled justification for LPP is to promote the frank exchange of information with lawyers and so the decision is to be welcomed.  It says that privilege now clearly applies in circumstances where there is a genuine concern about future prosecution and there is no longer any artificial distinction between civil and criminal proceedings.

https://www.reedsmith.com/en/perspectives/2018/11/accountancy-forum-edition-3

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s