The following Risk & Compliance practice note Produced in partnership with Peter Ratliff of 6KBW College Hill provides comprehensive and up to date legal information covering:
This Practice Note explains what legal professional privilege (LPP) is, including loss and waiver of LPP, summarises key case law and outlines LPP issues in other jurisdictions.
It is important to note that while aspects of the law on privilege are untested and open to academic debate, for in-house lawyers the question of whether privilege applies will typically be answered by the practical application of core principles and professional judgement.
LPP protects the confidentiality of written and oral communications between lawyers and clients. It entitles a party to withhold evidence from production to a third party or court.
Legal advice privilege (LAP) and litigation privilege are distinct forms of LPP.
LAP enables clients to put complete confidence in their lawyer. It applies to communications made in confidence, between lawyer and client, for the purpose of giving or receiving legal advice.
The burden of proving an entitlement to legal advice privilege is on the party claiming the privilege.
There are five essential elements; all of which must exist for LAP to apply:
Legal advice covers telling clients the law, and advice as to what should prudently and sensibly be done in the relevant legal context.
LAP cannot be claimed unless the evidence is confidential. A privileged document that has ceased to be confidential is not protected. Therefore, LAP cannot
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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