The following Banking & Finance practice note provides comprehensive and up to date legal information covering:
This Practice Note explains at a high level the concept of privilege between clients and their lawyers from the perspective of an in-house lawyer. It is written for banking and finance lawyers working in banks or other financial institutions. It highlights where issues of privilege may arise for in-house banking and finance lawyers and practical steps which can be taken to deal with these.
Privilege is a complex topic and as such further reading is recommended. The following provide overviews of the further reading materials available:
Privilege and without prejudice communications—overview
Legal professional privilege—LPP—for in-house lawyers—overview
The core aim of privilege is to protect the confidentiality of particular communications between clients and their lawyers or (in some circumstances third parties).
Privilege entitles a party (or their successor in title) to withhold documents from production to a third party or the court. Note that the right belongs to the client and not to the lawyer and therefore the death of a client does not extinguish privilege; privilege passes to the successor in title.Once a document is privileged it will always be privileged, subject to inadvertent disclosure or waiver by the client. Consequently, a privileged document in one action cannot be used in a subsequent action even though it is relevant. However, it is important to be aware that privilege may be lost by the document entering the public domain, eg by it
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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 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
The procedure for making an application to stay proceedings due to abuse of process is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 3.20. For more information, see Practice Note: Abuse of process procedure.Staying a prosecution for abuse of processThe principle of abuse of
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful authority's consent for their own or another's use, or•knowing that any conveyance has been taken without such authority, drive it or allow
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