Sentences with phrase «of legal privilege»

Note the provisions at E (3) on claims of legal privilege.

However, there is no concept of legal privilege as it is understood in common law jurisdictions.

Common interest privilege allows one person to share privileged materials with others who have a common interest in the subject matter to which the privileged materials relate, without any loss of legal privilege.

Companies should also be aware that some countries do not have developed principles of legal privilege and special care is required in creating or sending otherwise - privileged documents to such jurisdictions.

Accordingly, the production of evidence can be refused for any reason and irrespective of the existence of a legal privilege.

Therefore, any Swiss internal investigation or international internal investigation with a Swiss angle needs to carefully assess at the outset the requirement for confidentiality and the scope of the legal privilege under Swiss law available and to structure the investigation accordingly.

In the UK, both in - house and external lawyers enjoy the protection of legal privilege.

Thanks to the efforts of the IADC International Committee, on this page you will find the papers updated to reflect the state of legal privilege in various jurisdictions as of May 2011.

I don't necessarily disagree with the Court's calculations on the value of the legal privilege to free democratic debate.

Litigation privilege is a form of legal privilege that can be claimed over documents and information created for the dominant purpose of preparing for reasonably anticipated litigation — such as a prosecution under health and safety legislation.

As US courts tend to grant legal privilege to correspondence and documents held with foreign companies only when such documents enjoy legal privilege in the country where they are located, this may also lead to the loss of legal privilege of such documents in US proceedings and the US court will ask the company to deliver such documents.

This leads to the prickly issue of whether the prosecutor can demand from the company a waiver of its legal privilege (LP) concerning, for example, its lawyers» records of interviews with potential witnesses.

When I later sought access to the records of the statute revision exercise the Ministry of A.G. claimed they were subject to solicitor - client privilege, and the Office of the Information and Privacy Commissioner agreed (though they referred to it as another kind of legal privilege).

The absolute withholding of information can only be justified on the basis of a legal privilege that exempts the information from disclosure.

The short answer is a lot, unless the material is covered by legal professional privilege, and even then there is a notable trend among enforcement authorities (both criminal and regulatory) to challenge the boundaries of legal privilege.

Justice Côté also noted that the statutory context supported this position, and in particular the legislation's reference to «legal privilege» in the provision allowing a public body to refuse to disclose privileged information — i.e., «information that is subject to any type of legal privilege, including solicitor - client privilege» (at para 52, citing FOIPP s 27).

In the UAE, there is no concept of legal privilege as it is understood in common law jurisdictions, nor is there protection for «without prejudice» correspondence.

For the purposes of this questionnaire, we are only covering the key features of legal privilege in the UAE mainland and DIFC.

Another area where change requires the attention of litigators is in the field of legal privilege.

Second, some of the material proposed to be included in the Transition Memo may raise questions of legal privilege that are beyond the scope of this comment but that should certainly be considered by counsel in the course of preparing the memo.

However, the protection of legal privilege will not apply to advice given by in - house counsel in the context of European Commission related investigations [34] and it may be necessary in those circumstances to engage an external lawyer.

The concept of waiver of privilege does not exist in Switzerland, precisely because of the different concept of legal privilege.

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

«The SFO's Director David Green QC has waged a long war against what he sees as unjustified claims of legal privilege.

The unanimous ruling from the three - judge panel overturns a lower court judgment that treated the sharing of such information as a «waiver» of legal privilege