Communications in UK Law

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Leading Cases
  • Minter v Priest
    • House of Lords
    • 20 Marzo 1930

    If therefore the phrase is expanded to professional communications passing for the purpose of getting or giving professional advice, and it is understood that the profession is the legal profession the nature of the protection is I think correctly defined.

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Marzo 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

  • Kearns v General Council of the Bar
    • Court of Appeal (Civil Division)
    • 17 Marzo 2003

    To my mind an altogether more helpful categorisation is to be found by distinguishing between on the one hand cases where the communicator and the communicatee are in an existing and established relationship (irrespective of whether within that relationship the communications between them relate to reciprocal interests or reciprocal duties or a mixture of both) and on the other hand cases where no such relationship has been established and the communication is between strangers (or at any rate is volunteered otherwise than by reference to their relationship).

  • DPP v Collins
    • House of Lords
    • 19 Julio 2006

    First, the object of section 127(1)(a) and its predecessor sections is not to protect people against receipt of unsolicited messages which they may find seriously objectionable. The purpose of the legislation which culminates in section 127(1)(a) was to prohibit the use of a service provided and funded by the public for the benefit of the public for the transmission of communications which contravene the basic standards of our society.

  • Kearns v General Council of the Bar
    • Queen's Bench Division
    • 26 Julio 2002

    In those cases, one does not need to assess the interest of society afresh in each case. In this area the law was thought to be settled, on the basis that the balance would fairly be struck if liability in such situations was confined to those cases where the occasion of communication was abused—in the sense that malice could be established. Nothing short of malice would undermine the law's protection.

  • Morgans v Director of Public Prosecution (pet. all.)
    • House of Lords
    • 17 Febrero 2000

    But, in the context of the Act as a whole, the prohibitions which it contains lead inexorably to that result. So I would hold that it has that effect by necessary implication.

  • The RBS Rights Issue Litigation
    • Chancery Division
    • 08 Diciembre 2016

    But, especially given the clear direction of the House of Lords (in Three Rivers No 6) and as Simon J also noted in the Rabobank case, there can be no real doubt as to the present state of the law in this context in England: Three Rivers (No 5) confines legal advice privilege to communications between lawyer and client, and the fact that an employee may be authorised to communicate with the corporation's lawyer does not constitute that employee the client or a recognised emanation of the client.

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Law Firm Commentaries
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  • Apply to determine reasonable costs of the freeholder in enfranchisement of flats
    • HM Courts & Tribunals Service court and tribunal forms
    Leasehold enfranchisement and extension applications forms including the form to apply for determination of reasonable costs.
    ... ... Representative name and address, and other contact details: Where details of a representative have been given, all correspondence and communications will be with them until the Tribunal is notified that they are no longer acting for you ... Name: ... Reference no. (if any) ... ... ...
  • Form PF10
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... 8. The provisions of this Order shall not apply:- ... (i)                  to communications between the Court Funds Office and the anonymised party or Litigation Friend in relation to the payment of money into the Court Funds Office for the ... ...
  • Claimant's application for a variation order
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... *including any interest where ... The court office at ... is open between 10 am and 4 pm Monday to Friday. Address all communications to the Court Manager quoting the claim number ... N294 - w3 Claimant’s application for a variation order (4.99) ... Printed on behalf of The ... ...
  • Application for a Certificate of the Tribunal - Rights of Light Act 1959
    • HM Courts & Tribunals Service court and tribunal forms
    Lands Chamber (Upper Tribunal) forms including appeals forms.
    ... ... ... All communications regarding this application should be addressed to ...     me/us at the address shown above ...     my/our ... ...
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