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ARTICLE · 28 DECEMBER 2011

Privilege Update - What Happens When Legally Privileged Documents End Up In The Wrong Hands

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Legal professional privilege seems to be a hot topic at the moment. This privilege is a powerful right once established as it permits a person to withhold information and documents not only from production to the courts but also to investigating authorities.

United KingdomLitigation, Mediation & Arbitration
Christopher Coffin
Christopher Coffin
Jasmine Gill
Jasmine Gill
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Legal professional privilege seems to be a hot topic at the moment. This privilege is a powerful right once established as it permits a person to withhold information and documents not only from production to the courts but also to investigating authorities. It enables clients and their lawyers to have free and frank recorded exchanges and has been described as one of the cornerstones of the UK's legal system. Loss of its protection is therefore something to be avoided. Three cases have been decided recently that examine different aspects of the same dilemma – what happens when privileged documents end up in the wrong hands?

R (on the application of Stewart Ford) (Claimant) v Financial Services Authority (Defendant) & (1) Peter Johnson (2) Mark Owen (Interested Parties) [2011] EWHC 2583 (Admin) Bailii

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