Held in Auckland, the conference connected delegates with New Zealand's leading legal technology thinkers and industry providers and covered
subjects in a legal context including cyber-security, blockchain, AI, tech and law - firm partnerships, innovating as an in - house lawyer, the business of law during changing times, and looking at disruption as «normal».
Not exact matches
Almost all
legal rules are
context specific and are
subject to exceptions
in unusual situations.
At the same time as the justices
in Re A were briefly deliberating, seven justices (Lords Neuberger, Clarke and Reed were common to both constitutions) were addressing the
subject of privilege
in the
context of
legal advice (R (Prudential plc and anor) v Special Commissioner of Income Tax [2013] UKSC 1:
legal advice privilege does not apply to advice on law given by accountants).
Three things strike me about international law
in the work of a government lawyer today: first, it is all - pervasive; second, the questions that arise and the
context in which they are considered are extraordinarily complex; and, finally, I am struck by the intense scrutiny these
legal issues are
subjected to by states and courts around the world, academics and the public.
In this
context, it should be mentioned that, as it has been held by the Constitutional Court, the principle of the supremacy of the Constitution implies also a duty of the legislature and other lawmaking
subjects to revise
legal acts which were passed before the entry into effect of the Constitution, while taking account of norms and principles of the Constitution, and to ensure a harmonious hierarchical system of
legal acts which regulate the same relations (the Constitutional Court's rulings of 3 December 1997, 6 May 1998, 29 October 2003, and 5 March 2004).
«Arbitration for peace» places arbitration
in a wider historical
context, thereby making the
subject accessible beyond the narrow circle of specialists without losing its
legal relevance.
Here the court will consider a number of factors to determine the purpose for which the documents were prepared, including for example whether the document itself hints at whether it has been prepared for the exclusive purpose of gathering facts or material for
legal advice (eg, because it is addressed to a lawyer, or is marked as being
subject to privilege), as well as the wider
context (eg, who the author is, or the circumstances
in which the document was found).
EU
legal professional privilege applies to communications made for the purpose of exercising the rights of defence
in the
context of a Commission competition investigation, and any advice relating to the
subject matter of the investigation.
The result of limiting EU
legal professional privilege is such that documents prepared by
in - house lawyers that are
subject to privilege under local laws (for example,
in England and Wales) will not generally be protected vis - à - vis the Commission (or other parties)
in the
context of a competition investigation.
Similarly,
in the
subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome
in light of the
legal and factual
context in which the decision was rendered».
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).
Where a business has tricky issues that need addressing, for example a wish - list of employees to exit from the business, then lawyers or
in - house counsel should be engaged so that such correspondence can be made
in the
context of seeking
legal advice and so be
subject to
legal advice privilege, the business's trump card, and a way of protecting your hand.
Of course, that very question has preoccupied lawyers and
legal scholars alike for two decades with regard to IT law, i.e. whether it should be treated as a
subject in and of itself (
in which case it usually isn't a mandatory class, meaning that students can go through law school without hearing the word «Internet»
in a
legal context), or if the digital medium should simply be addressed
in basic textbooks and general courses and classes.