The claimant, being in a prolonged dispute with the Authority had requested copies (internal and external) of correspondence and other communications relating to him. The request was resisted on several grounds according to the nature of the documents involved. The issue now was as to the availability of legal professional privilege where the lawyer involved was in house.
Held: The documents were communications with FSA lawyers, solicitors and barristers, and fell within the associated exemption, because as regulated lawyers they were subject to the same professional regulations as lawyers in independent practice.
Judges:
Farrer QC
Citations:
[2008] UKIT EA – 2007 – 0136
Links:
Statutes:
Freedom of Information Act 2000 42
Citing:
Cited – AM and S Europe Ltd v Commission of The European Communities ECJ 18-May-1982
The court set out the rationale for legal professional privilege: ‘Whether it is described as the right of the client or the duty of the lawyer, this principle has nothing to do with the protection or privilege of the lawyer. It springs essentially . .
Cited – Akzo Nobel Chemicals and Akcros Chemicals v Commission ECFI 17-Sep-2007
Competition – Administrative procedure – Commission’s powers of investigation – Documents seized in the course of an investigation – Legal professional privilege protecting communications between lawyers and their clients – Admissibility. . .
Lists of cited by and citing cases may be incomplete.
Information, Legal Professions
Updated: 11 August 2022; Ref: scu.383898