Sentences with phrase «of legal professional privilege»

The protection available under the Swiss concept of legal professional privilege is compared with other jurisdictions.

How should issues of legal professional privilege — including limited waiver of privilege — be handled, and what are the cross-border implications?

As a result, there are two heads of legal professional privilege: legal advice privilege and litigation privilege.

If the waiver of privilege was appropriate, limited and restricted, it should not defeat the overall assertion of legal professional privilege.

It is noteworthy that the protection available under the Swiss concept of legal professional privilege is narrow compared with other jurisdictions.

denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by Himelfarb Proszanski or one of our clients).

It is generally recommended that waiver should be limited to those materials strictly necessary and should be made on a limited and specified basis, namely a general waiver of all legal professional privilege in respect of a particular matter is not advisable.

denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by Neinstein Medical Malpractice Lawyers or one of our clients).

More often than not, partners are more inclined to seek external legal advice and they should do so, for three very good reasons: (1) everyone is their own «worst» counsel (see above); (2) the benefit of legal professional privilege and the creation of joint interest privilege (a «privileged wrapper») between the lawyer and their new firm (with their new firm frequently being prepared to contribute towards legal fees).

Despite these attempts to restrict a lawyer's role during the interview, it is important for a lawyer always to act in the best interests of the witness, and to ensure that the interview is conducted within the parameters of the section 2 power, for example by ensuring that the SFO respects the statutory exceptions to its compulsory power, such as a refusal to answer, which are properly the subject of legal professional privilege.13

He told «The Times» that although it was not seeking to dispense with LPP, the SFO was preparing to target companies «whose lawyers obstructed investigations by hiding behind the shield of legal professional privilege.

As it is the broader form of legal professional privilege and also covers communications with third parties, such as experts, litigation privilege is the preferable form of privilege to assert in the context of internal investigation, provided there is actual or contemplated litigation or regulatory action.

Green rattled through a lengthy catalogue of the SFO's recent achievements: two additional deferred prosecution agreements; a conviction rate by defendant of 89.5 % in the 2016 to 2017 financial year; 14 new investigations; 43 individual and corporate defendants charged and awaiting trials; and a successful challenge to claims of legal professional privilege made by ENRC.

David Burrows reflects on the limits of legal professional privilege, particularly in relation to legal advice privilege

Under the cloak of legal professional privilege, our lawyers are often asked to conduct investigations, report what has happened in a given case and advise on the steps necessary to avoid a repetition of past failures or to improve corporate governance.

The ancient right of legal professional privilege (LPP) applies only to qualified solicitors and barristers, the Supreme Court has held.

Doubtless our friends at The Court will be on this but Binnie J (writing for a court of seven) handed down today in Canada (Privacy Commissioner) v. Blood Tribe Department of Health a decision which confirms the importance of legal professional privilege, and confirmed that the Privacy Commissioner, while an Officer of Parliament, lacks the authority of a judge to make determinations of privilege... [more]

The Supreme Court will hear the appeal in the Prudential v HMRC case, on the boundaries of legal professional privilege, on 6 November 2012.

Rolls - Royce also waived any potential claims of legal professional privilege over internal investigation and interview memoranda.

The High Court narrows the application of legal professional privilege, rejecting the argument that internal investigation documents are privileged against regulators, such as the Serious Fraud Office (SFO).

Further erosion of legal professional privilege by Gavin Foggo and Veronique Bergau, published in Solicitors Journal 31 May 2017 A singular problem with EU trade marks Shadow directors and de facto directors - do they owe duties of care?

Corporates will record any interviews they conduct, and UK authorities are likely to want access to these first accounts, which may raise issues of legal professional privilege.

The government has failed to consider the dangers of the Investigatory Powers Bill, such as the lack of safeguards for the fundamental principle of legal professional privilege, argues Maria Theodoulou.

More often than not, partners aremore inclined to seek external legal advice and they should do so, for three very good reasons: (1) everyone is their own «worst» counsel (see above); (2) the benefit of legal professional privilege and the creation of joint interest privilege (a «privileged wrapper») between the lawyer and their new firm (with their new firm frequently being prepared to contribute towards legal fees).

Singapore recognises the concept of legal professional privilege in the same way as the UK and Hong Kong, with two limbs: legal advice privilege and litigation privilege.

The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate's Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

Moreover, Colin Passmore, our Senior Partner, is the author of «Passmore on Privilege», one of the leading textbooks on the subject of legal professional privilege.

denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients);

Some countries in Asia, including Hong Kong, Singapore, India, Malaysia and the Philippines, have retained the traditional common law concept of legal professional privilege.

All our reviews benefit from the protections of legal professional privilege, we have experience of balancing the demands for information from the FCA while also protecting the wider interests of our clients;

It tackled for the first time a number of important issues, which included disclosure required by human defendants in their parallel criminal proceedings which originated out of the company's internal investigations, and where there were claims of legal professional privilege («LPP») over that material.