Public Interest Privilege in UK Law
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Loutchansky v Times Newspapers Ltd (No. 2)
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The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of a free and vigorous press to keep the public informed. The corresponding duty on the journalist (and equally his editor) is to play his proper role in discharging that function. Unless the publisher is acting responsibly privilege cannot arise.
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R v Derby Magistrates' Court, ex parte B
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It is a fundamental condition on which the administration of justice as a whole rests. It is a fundamental condition on which the administration of justice as a whole rests. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case.
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Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
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Second, if a communication or document qualifies for legal professional privilege, the privilege is absolute. It cannot be overridden by some supposedly greater public interest. It can be waived by the person, the client, entitled to it and it can be overridden by statute (c/f R (Morgan Grenfell Ltd) v Special Commissioner of Income Tax [2003] 1 AC 563), but it is otherwise absolute.
But the dicta to which I have referred all have in common the idea that it is necessary in our society, a society in which the restraining and controlling framework is built upon a belief in the rule of law, that communications between clients and lawyers, whereby the clients are hoping for the assistance of the lawyers' legal skills in the management of their (the clients') affairs, should be secure against the possibility of any scrutiny from others, whether the police, the executive, business competitors, inquisitive busy-bodies or anyone else (see also paras. 15.8 to 15.10 of Adrian Zuckerman's Civil Procedure where the author refers to the rationale underlying legal advice privilege as "the rule of law rationale").
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Jameel and Others v Wall Street Journal Europe Sprl
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But this does not mean that the editorial decisions and judgments made at the time, without the knowledge of falsity which is a benefit of hindsight, are irrelevant. Weight should ordinarily be given to the professional judgment of an editor or journalist in the absence of some indication that it was made in a casual, cavalier, slipshod or careless manner.
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Savings & Investment Bank Ltd ((in Liquidation)) v Fincken (No 2)
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It is not an abuse of the privilege to tell the truth, even where the truth is contrary to one's case. That, after all, is what the without prejudice rule is all about, to encourage parties to speak frankly to one another in aid of reaching a settlement: and the public interest in that rule is very great and not to be sacrificed save in truly exceptional and needy circumstances.
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Reynolds v Times Newspapers Ltd
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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.
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Investigatory Powers Act 2016
... ... in the common law offence of misconduct in public office, and(vi) elsewhere in the law ... (6) ... of that information,(c) the public interest in the integrity and security of ... include—(a) items subject to legal privilege,(b) any information identifying or confirming a ... ...
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Defamation Act 2013
... ... under section 4 (publication on matter of public interest) ;(b) a defence under section 6 ... court proceedings protected by absolute privilege) ;(d) a defence under section 15 of that Act ... ...
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Modern Slavery Act 2015
... ... (6) Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a ... the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate ... Schedule—“items subject to legal privilege” has the same meaning as in the Police and ... ...
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Data Protection Act 2018
... ... and others and matters of general public interest ... Annotations: Amendments (Textual) ... 5 para. 1(1) ... Parliamentary privilege ... (13) The listed GDPR provisions and Article ... ...
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Balancing Public Interest and a Fair Trial in Police Informer Privilege: A Critical Australian Perspective
The name of a police informer is not to be revealed in court unless certain conditions are met. What this article shows is that the historical basis for this rule of evidence, ‘the informer rule’, ...
- “Crown Privilege”, Scrutiny of the Administration and the “Public Interest”—A Comment on Sankey v. Whitlam1
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Private Information in Public Hands: Confidentiality, Court Disclosure and the Public Interest
Individuals and organisations are frequently required to provide public agencies with information about their affairs which they would not wish disseminated to others. Income tax returns represent ...... ... The agency may resist disclosure on the basis of a st~tutory secrecy provision an,d/or a claim to Cro'wn privilege. The court is thus required to resolve a conflict between competing public interests: the public interest in the proper administration ... ...
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Public Interest Immunity and Disclosure of Unused Materials in Criminal Proceedings
This paper focuses on public interest immunity (PII) and disclosure of unused material in the context of criminal proceedings. PII used to be referred to as Crown privilege and was hardly ever rais...... ... REFERENCES (1) Duncan v Cammell, Laird & Co.Ltd[1942] AC 624, which held that a court could never question a claim to Crown privilege by the Crown if the claim was made in proper form; see also R v Lewes Justices, ex p Secretary of State for the Home Department [1973] AC 388, 400 ... ...
- Redactions For Privilege, Irrelevance And Public Interest Immunity, And Waiver Of Privilege: High Court Provides Guidance
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Legal Professional Privilege: The New Status Quo
Legal professional privilege (“LPP”) has been a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer and i...... ... a feature of the common law for centuries, developed through the public interest in protecting confidentiality of communications between a lawyer ... ...
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Disciplinary Investigations and Legal Professional Privilege
... ... of the right to legal professional privilege as part of the public interest in the administration of justice, and sets out guidance on the ... ...
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CPRs Allow For Continued Document Redaction, Rules High Court
... ... in accordance with CPR 31.14 save where privilege or public interest immunity applies; that a ... ...