The defendant was convicted of driving whilst disqualified. He had put the prosecution to proof of the fact that it was he who had been prosecuted. The prosecution called his solicitor to give evidence that it was his client who had been banned on the earlier occasion.
Held: The solicitor was being asked not about private matters but about matters which had occurred in open court. Accordingly no question of privilege arose, and the approach was proper.
Judges:
Rose LJ, Savid Clarke J
Citations:
Times 26-Feb-2004, [2004] EWHC 362
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege) Admn 2-Feb-1999
The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents.
Held: Such records are not privileged because they did . .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited by:
Cited – Cunliffe, Regina (on the Application of) v West London Magistrates’ Court Admn 6-Jul-2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Evidence
Updated: 12 April 2022; Ref: scu.194784