Common Interest Privilege in UK Law

Leading Cases
  • Kearns v General Council of the Bar
    • Court of Appeal (Civil Division)
    • 17 March 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).

  • Reynolds v Times Newspapers Ltd
    • House of Lords
    • 28 October 1999

    These factors are to be taken into account in determining whether the duty-interest test is satisfied or, as I would prefer to say in a simpler and more direct way, whether the public was entitled to know the particular information. The duty-interest test, or the right to know test, cannot be carried out in isolation from these factors and without regard to them. A claim to privilege stands or falls according to whether the claim passes or fails this test.

    7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • Court of Appeal (Civil Division)
    • 20 June 1980

    It often happens in litigation that a plaintiff or defendant has other persons standing alongside him - who have the self-same interest as he - and who have consulted lawyers on the self-same points as he - but these others have not been made parties to the action. All await the outcome with the same anxious anticipation - because it affects each as much as it does the others. Owners of adjoining houses complain of a nuisance which affects them both equally.

    In all such cases I think the courts should - for the purposes of discovery - treat all the persons interested as if they were partners in a single firm or departments in a single company, Each can avail himself of the privilege in aid of litigation. Each can collect information for the use of his or the other's legal adviser.

  • Loutchansky v Times Newspapers Ltd (No. 2)
    • Court of Appeal (Civil Division)
    • 05 December 2001

    He can have no duty to publish unless he is acting responsibly any more than the public has an interest in reading whatever may be published irresponsibly. That is why in this class of case the question whether the publisher has behaved responsibly is necessarily and intimately bound up with the question whether the defence of qualified privilege arises. Unless the publisher is acting responsibly privilege cannot arise.

  • Seaga v Harper
    • Privy Council
    • 30 January 2008

    Their Lordships consider that this was a misconceived argument. They are satisfied that the publication was not covered by traditional qualified privilege, for the element of reciprocity of duty and interest was lacking when the appellant knowingly made it to the public at large via the attendant media. If privilege was to be successfully claimed, it could only be under the Reynolds principles and, as they have said, those principles applied to the case.

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Legislation
  • Defamation Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the ...(b) anything asserted to be a fact in a privileged statement published before the statement ... 4 (publication on matter of public interest);. . . (b) a defence under section 6 ......
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • January 01, 2016
    ...... of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the ... (c) (c) the public interest in the integrity and security of ... (a) (a) items subject to legal privilege, . (b) (b) any information identifying or ......
  • Telegraph Act 1868
    • UK Non-devolved
    • January 01, 1868
    ...... of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the ... it, include any Term, Estate, Easement, Interest, Right, or Privilege, in, over, or affecting ......
  • Law of Property Act 1925
    • UK Non-devolved
    • January 01, 1925
    ......Spiritual and Temporal, and Commons, in this present. Parliament assembled, and by ... as to Legal Estates, Equitable Interests and Powers. Part I. . General Principles as to ...   . ( a . ) An casement, right, or privilege in or over land. for an interest equivalent to an ......
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Books & Journal Articles
  • Combating money laundering and the future of banking secrecy laws in Malaysia
    • Nbr. 17-2, May 2014
    • Journal of Money Laundering Control
    • 219-229
    Purpose: – The purpose of this paper is to analyze banking secrecy laws against the background of the Malaysian anti-money laundering laws. It has been argued that the anti-money laundering law mak...
    ...... banking secrecy rule when compared to the common" law or other statutes.Banks can disclose customer\xE2"...Bankingsecrecy is a customer privilege, whereas combating money laundering is critical ... a manner that is not prejudicial tothe interest of legitimate customers. This is a positive ......
  • ‘The Stuff of Which Political Debate is Made’: Roberts V Bass1
    • Nbr. 31-1, March 2003
    • Federal Law Review
    ...... the impact of the Lange decision on the common law defence of qualified privilege. In Ro ... moral duty or to protect the publisher's interest, and if the material was published to recipients ......
  • Noticeboard
    • Nbr. 12-3, July 2008
    • International Journal of Evidence & Proof, The
    ......, although not exhaustive, only permits common law rules of evidence to be applied that are ... rise to a conflict between two public interests: conviction and punishment of a wrongdoer and ... Bastarache J) Joint attorney–client privilege and corporate families—United States The facts ......
  • Subject Index
    • Nbr. 12-4, November 2008
    • International Journal of Evidence & Proof, The
    ....... . . . . . . . . . 248 journalists’ privilege. . . . . . . . . . . . . . . . 83–84 .... . . . . . . . . . 32–33, 48–51 common enterpriseexception . . . . . . . . 249–252 mon interestprivilege. . . . . . . . . . . . . . . . 259 ‘compelled ......
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Law Firm Commentaries
  • Privilege - Accident Exchange V McLean
    • Mondaq UK
    ...... exception" to a claim for privilege and whether one party can waive common interest privilege. Prior caselaw has established that, where the ......
  • EMW Law LLP v Halborg [2017] EWHC 1014 (ch)
    • Mondaq UK
    ...... issues relating to without prejudice privilege. A solicitor delegated work to another ... the agent-solicitors could not rely on common interest privilege to insist on seeing without ......
  • (Re)insurance Weekly Update 2- 2018
    • Mondaq UK
    ...... the "iniquity exception" to a claim for privilege and whether one party can waive common interest ......
  • (Re)Insurance Weekly Update 16 -2017
    • Mondaq UK
    ...... issues relating to without prejudice privilege. ... the agent-solicitors could not rely on common interest privilege to insist on seeing without ......
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