Court : House of Lords
..... of the nature of lpp was taken by the law reform committee that produced the sixteenth report, privilege in civil proceedings, (1967) (cmnd 3472). 5. ..... r v central criminal court , ex p francis and francis [1989] ac 346, 394 lord goff of chieveley said: [it] is well established in the scots law of confidentiality of communications, as in the english law of legal privilege, that the protection does not apply where the transaction as to which the communication passed is fraudulent or criminal, whether the solicitor in possession of the documents is an innocent instrument or an accomplice: see dickson on the law of evidence ..... girvan lj pointed in paragraph 27 of his judgment to the specific exception in section 97 of the police act 1997 of situations where knowledge of matters subject to legal privilege was likely to be acquired, and contrasted that with the provisions of ripa, relying on this to support the conclusion that ripa was not intended to extend to ..... campbell and girvan ljj) held that that would be unlawful, though not for all the reasons advanced by the appellants, who sought declarations that such surveillance of interviews protected by professional privilege could not be carried out at all under the provisions of the regulation of investigatory powers act 2000 (ripa). ..... third reading on 19 july 2000 the minister, lord bach, said that the house had enjoyed several short debates on report on the protection due to legally privileged material: hansard, hl debates, col 1046. .....
Tag this Judgment!Court : House of Lords
..... until reynolds it would seem that the legal profession in england may not have been fully alive to the possibility of a particular rather than a generic qualified privilege for newspaper reports where the circumstances warranted a finding of sufficient general public interest" (emphasis added). ..... the judge put a series of questions to the jury which, so far as relevant to reynolds privilege, were directed to two matters: the sources on which mr dorsey, as reporter, relied; and his attempt to obtain the respondents' response to his inclusion of their names in his proposed article. ..... in effect, in my opinion, the house was, in the context of journalistic reporting, re-investing qualified privilege with the flexibility that baron parke in toogood v spyring and lindley lj in stuart v bell would appear to have accorded it: as erle cj said in whiteley v adams "that presumption [of malice] may be rebutted by showing the circumstances under which ..... " and lord cooke of thorndon, in an important passage at 225, said that "hitherto the only publications to the world at large to which english courts have been willing to extend qualified privilege at common law have been fair and accurate reports of certain proceedings or findings of legitimate interest to the general public. ..... these are all circumstances the weight of which in assessing whether a report should be protected by qualified privilege will vary from case to case. .....
Tag this Judgment!Court : House of Lords
..... noting the confusion resulting from the unthinking use of the phrase as a "shibboleth", and the law reform committee made the same point with judicious understatement in its sixteenth report on privilege in civil proceedings (cmnd. ..... , where the exception is explained as limited to statements of fact that have "no reference at all to the dispute" or are not "reasonably incidental to [the] negotiations"; and law of privilege (mcnicol) (1992) pages 477-478, submitting that "future courts should be careful not to restrict without prejudice privilege too much" under this test, and concurring with lord griffiths' comments concerning waldridge v. ..... paragraph 14.204.1, explaining that the theory "that all admissions in the course of negotiations towards settlement are protected by a privilege based on public policy" is "now universally accepted in canada", following the british columbia court of appeal decision in middlekamp v ..... my noble and learned friend lord brown's statement in paragraph 63 that "generally speaking" communications marked "without prejudice" will "attract the privilege even without the public policy justification of encouraging parties to negotiate and settle their disputes out of court". ..... and tompkins itself the communications in question had been expressly made "without prejudice" and, generally speaking, such communications will attract the privilege even without the public policy justification of encouraging parties to negotiate and settle their disputes out of court. .....
Tag this Judgment!Court : House of Lords
..... (para 25) to the opinion expressed by the law reform committee in its 16th report on privilege in civil proceedings (1967) (cmnd 3472), to the effect that the true rationale of legal advice privilege was that it was "a privilege in aid of litigation" and was concerned exclusively with rights and liabilities enforceable in ..... such proceedings, as lord jauncey of tullichettle stated at page 27, "are so far removed from normal actions that litigation privilege has no place in relation to reports obtained by a party thereto which could not have been prepared without the leave of the court to disclose documents already filed or to ..... in the third case, wheeler v le marchant (1881) 17 ch d 675 the defendants sought privilege for reports obtained by their solicitors from estate agents/surveyors in the course of previous administration proceedings unconnected with the instant action brought by the plaintiff for specific ..... [1997] ac 16 lord jauncey of tullichettle described litigation privilege as "essentially a creature of adversarial proceedings" and held that the privilege could not be claimed in order to protect from disclosure a report prepared for use in non-adversarial proceedings (see p.26). ..... the early history of legal privilege is set out in the speech of lord taylor of gosforth cj in r v derby magistrates, ex parte b [1996] ac 487 at 507 et seq, where he traces it back to the earliest instances, to be found in 16th century reports, and follows it through a number of cases in the .....
Tag this Judgment!Court : House of Lords
..... if it be said that in the second case the father's reputation is blackened, the law's response must be that a defamatory communication in the context of reporting suspicions of child abuse would inevitably attract the defence of qualified privilege so that liability would arise only on proof of malice, not mere negligence ..... there is little general guidance to be gained from american authority on the main issue before the house, since in most states those reporting child abuse enjoy immunity from suit, a provision which no doubt reflects the importance attached to child protection but might also reflect some distrust of civil juries ..... the high court of australia, while rejecting an argument to the same effect as the appellants', has accepted that a medical practitioner who examines and reports on the condition of an individual may owe a duty to more than one person: sullivan v moody (2001) 207 clr 562, para 60. ..... a report, made to the appropriate authorities, that a person has or may have committed a crime attracts qualified privilege. ..... in australia, as in this country, the professional and statutory responsibilities of doctors and other health professionals involve investigating and reporting allegations that a child has suffered serious harm or is at risk of doing so. ..... the child was returned five months later, following medical reports which found the child's arrested breathing had a physical explanation and that there was no sign the mother was suffering from any psychiatric disorder .....
Tag this Judgment!Court : House of Lords
..... lord halsbury's statement was made in an interlocutory opinion upon an objection taken to evidence in the course of the hearing, and, as the minutes of evidence before the committee for privileges show, the authorities, which have been before your lordships, had not been discussed. ..... indeed, it appears from all the three reports of the case that he pointed out with some fullness that the separation order had the effect of a judicial separation, that all presumptions arising from the state of marriage were at an end, and that any ..... it is a remarkable fact that so far as the reports show no attempt to apply the rule has ever been made in the 55 years that have elapsed since the passing of this act in the trial of such issues as adultery, condonation, custody of children, andc ..... it should be borne in mind that the reasons which lord mansfield gave for his version of the rule differed from those which are to be found in the decided cases on which, according to the report in cowper, he purported to base himself. ..... on a wife's credit, and the objection to pay, on the ground that the goods were required for a child of the wife's, not begotten by the husband, can hardly have been unknown, but no case, so far as i know, is reported upon the point. ..... hetherington (ubi supra) is reported also in the law journal (56 p ..... the anonymous case reported in 22 beav ..... before the lord chancellor (1921, times law reports, vol. 37, p. 1). ..... the grounds for the doubt nor the grounds for the decision are reported. .....
Tag this Judgment!Court : House of Lords
..... his survey of the authorities demonstrates, to my mind conclusively, the essential uniformity of reported decisions on charterparties and similar commercial contracts. ..... i have had the privilege of reading in draft the opinion of my noble and learned friend lord bingham of cornhill. ..... cancel. he said specifically at page 44 of the report that he must follow the view expressed by the majority of the court in the mihalos angelos and that he could see no reason why in the case before him "the approach should be constrained in the way suggested ..... the injured party delays unjustifiably in re-entering the market, he does so at his own risk: future speculation is to his account"the buyer's decision is (in the vernacular) down to him" (bingham lj, as he then was, in kaines (uk) ltd v osterreichische [1993] 2 lloyd's reports 1, 11). .....
Tag this Judgment!Court : House of Lords
..... moreover, although this house did not characterise the dispute as one relating to property, their reasoning proceeded on the basis that "the plaintiff, in this case, hath a privilege and a franchise, and the defendants have disturbed him in the enjoyment thereof, in the most essential part, which is his right of voting": 14 howell's state trials 695 ..... majority of the court were in favour of arresting judgment, inter alia, on the ground that the plaintiff's privilege of voting was not a matter of property or profit, so that the hindrance of it was merely damnum sine ..... holt cj's views on the question appear in at least three places: in the reported judgment, in a report which he apparently drafted for the house of lords when their decision in the case brought them into conflict with the house of commons and in a version published from his manuscript ..... judicial opinion can provide authority, however, and it seems to be agreed that the report reproduced in smith's leading cases is the most reliable and complete. 53. ..... his protest was met by the comment "so report me to john major" (the prison officer cannot have taken much interest in ..... thus an element of anachronism in relying on ashby v white (itself a highly politicised decision) to support a proposition it would scarcely (despite the right to vote being "a thing of the highest importance, and so great a privilege") have been thought to support at the time. ..... respondent protested, mr ravenscroft replied "so report me to john major. .....
Tag this Judgment!Court : House of Lords
..... during the 1990s there were many reported cases concerned with claims (resulting from the crash in the property market) against solicitors who had acted for both sides in mortgage transactions. ..... " judge lj's reference, in para 36, to legal professional privilege was, with respect, quite inapposite as regards the bare facts of the bankruptcy and the convictions. 34. ..... they were also probably reported in local newspapers. ..... the claim was not advanced that any such solicitor would have been aware or would have become aware of mr bromage's conviction, nor was it suggested that he should have advised mr hilton to have a credit report. .....
Tag this Judgment!Court : House of Lords
..... as the passages which i have quoted from the agreed facts and from dr fanthorpe's report demonstrate, women who remain uninitiated, when their contemporaries have undergone the rite involving mutilation, are a despised group in sierra leonean society. ..... as lord steyn observed in shah and islam at pp 644g-645a, some homosexuals may be able to escape persecution because of their relatively privileged circumstances: see also lord hoffmann at p 652h. ..... " it is further agreed that, as dr richard fanthorpe explains in para 11 of a report prepared for the purposes of this case "even among members of the sierra leonean underclass an uninitiated indigenous woman (as opposed to a krio or a foreigner) represents an abomination, fit only for the worst kind of sexual exploitation. ..... but there was nothing in the facts as briefly reported to suggest that the real reason for the persecutory treatment of the appellant was anything other than his family relationship with his stepfather ..... dr richard fanthorpe, who has been studying sierra leonian history and culture for over twenty years, has provided an important insight into the background to the practice in the report which he prepared for this case. ..... their tenor may be illustrated by a recent report of the un special rapporteur on violence against women (e/cn.4/2002/83, 31 january 2002, introduction, para 6): "nevertheless, many of the practices enumerated in the next section are unconscionable and challenge the very concept of universal human rights .....
Tag this Judgment!