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A portmanteau term comprising legal advice privilege and litigation privilege.
The meaning of legal professional privilege is set out in the Legal Services Act 2007, which came into force on 1 January 2010. Briefly, legal professional privilege protects confidential communications between the client and their lawyers and any third parties required to advise the client.
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Privilege in criminal investigations鈥攃hecklist The following are only suggested guidelines, given that each criminal investigation will turn on its own facts. This Checklist should be read in conjunction with Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is key and must be maintained. If a document or communication was not confidential when it was first made, or if it loses its confidentiality, it will generally not attract Legal Professional Privilege (LPP). In order to assert privilege, careful consideration should be given to whether it is legal advice privilege or litigation privilege which is being asserted, and different considerations will apply to each. Steps to maintain legal professional privilege At the outset In the event that the client seeks advice before the criminal investigation commences: Legal advice privilege 鈥 consider whether legal advice privilege applies, ie: 鈼 is the communication confidential? If yes 鈼 is the communication sent by a lawyer to their client or vice versa? If yes 鈼 is the communication made...
Staff training & awareness鈥攍aw firms鈥攃hecklist UNDER REVIEW: This Checklist is being reviewed in light of the publication of the SRA Anti-Money Laundering Training - Thematic Review, published on 30 October 2024. This staff training and awareness Checklist pulls together requirements in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, in relation to the obligation to conduct training and raise awareness of money laundering, terrorist financing and proliferation financing risks and procedures to mitigate them. It also contains recommended actions. The Checklist signposts relevant Precedents you can use or adapt to comply with these requirements and recommendations. There is a section for you to mark whether you have completed each requirement and also to insert comments or note action points. For more guidance, see Practice Note: Money Laundering Regulations 2017鈥攕taff training and awareness鈥攍aw firms. Requirement Compulsory or recommended? Comments (if any) 鈽 Ensure staff are competent to carry out their role, and keep their professional knowledge and...
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Freedom of information request鈥攆lowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: 鈥 record the date on which the request was received 鈥 assess the validity of the request 鈥 establish whether information of the description specified in the request is held by the authority 鈥 estimate the cost of compliance 鈥 consider charging a fee 鈥 consider whether any exemptions apply 鈥 respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: 鈥 Introduction to freedom of information 鈥 Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1鈥擱equest for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...
Evaluating a data subject access request鈥攆lowchart The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right of access to their personal data. Data subjects can make a request to an organisation to exercise their right of access to their personal data (a data subject access request or DSAR) at any time and there are strict time limits for complying with requests made. See Practice Notes: 鈥 Data subject rights鈥攁ccess 鈥 How to handle data subject requests This Flowchart maps out a process for evaluating DSARs received under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner鈥檚 Office (ICO). It should be read in conjunction with Practice Note: How to handle data subject requests and Flowchart: Handling data subject requests鈥攆lowchart, which covers requirements common to all data subject requests under the UK GDPR. Note 1鈥攏otifying the data subject you...
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This Practice Note contains a table with some specific examples of where legal professional privilege (LPP) and privileged circumstances are likely to apply and where a suspicious activity report (SAR) to the National Crime Agency (NCA) is permitted or required.For either LPP or privileged circumstances to apply the communication must satisfy all the relevant qualifying requirements. For further information, see Practice Note: Privilege, money laundering and terrorist financing.There is no established list of communications or documents that benefit from LPP or privileged circumstances. This table contains a summary of current thinking and court findings.Given the difficulty in interpretation, it is important to record your decision-making process to rebut any allegation of a failure to make a disclosure under section 330 of the Proceeds of Crime Act 2002 (POCA 2002).POCA 2002, s 330(6) states that you will not commit a failure to disclose offence where:鈥ou have a reasonable excuse for not making the required disclosure, or鈥he information came to you in privileged circumstancesIt is important to note, however, that this is...
Inferences from silence鈥攆ailure to testify What inferences can be drawn from failure to testify? Inferences can be drawn where a defendant: 鈥 having been sworn refuses without good cause to answer a particular question or questions, or 鈥 chooses not to give evidence at all Where either of the above situations arise, the court or jury 鈥榠n determining whether the accused is guilty鈥ay draw such inferences as appear proper'. This means that a court or jury can be invited to infer guilt from the defendant's silence. When can an inference be drawn? Before an inference can be drawn under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), the following conditions must be satisfied: 鈥 the defendant must fail to give evidence 鈥 having been sworn, refuses to answer questions 鈥 the failure to testify or answer questions is without 鈥榞ood cause鈥 鈥 the defendant has: 鈼 been warned by the court the effect of the failure to give evidence, or 鈼 stated that they will...
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Response to data subject request鈥攔ight of access鈥攁ble to comply with request [Name of individual making request] [Address of individual making request] [Date of this response] Dear [insert name of individual making request] I am writing in response to your request dated [insert date of request], which we received on [insert date]. You have asked for [confirm precisely what was requested, eg 鈥榚lectronic copies of any personal data we hold about you鈥橾. I confirm that we are processing personal data relating to you and a copy of the relevant information is [insert details of how personal data is being provided to the data subject, eg attached to this email, password protected. The password will follow in a separate email]. [As your request was made electronically, we are providing the information to you [insert details of format in which the information is being provided鈥攖his must be a commonly used electronic format].] [We have [excluded OR redacted] some personal data on the grounds of legal professional privilege.] [We have...
Letter of instruction to own expert (with drafting notes) Private & confidential [insert name and address of expert] [insert date] Dear [insert name of expert] [insert case heading] Instruction to act as expert [Thank you for agreeing to act as the expert witness in this matter. As discussed I am acting for [name of client] who is [bringing OR defending]聽a claim against [insert name of opposing party/parties]. The area on which I need expert evidence is [insert area of expertise]. The aim of this letter is to provide you with the factual background to the dispute, identify the key documents and identify the issues you will need to consider. As an expert witness you will be required to produce an expert report, respond to any questions raised in relation to the report and if necessary, have discussions with the other side鈥檚 expert. You may also be required to give evidence at the trial. These duties are discussed below. OR I act for [name of client] who...
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Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning 鈥榦wnerless property鈥) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: 鈥 the Overseas Companies Regulations 2009, SI 2009/1801 鈥 the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...
Are legal advisors obliged to respond to people with significant control information request notices under section 790D(5) of the Companies Act 2006? The PSC regime applies to UK incorporated companies limited by shares or guarantee (including community interest companies), LLPs, unlimited companies, unregistered companies, SEs and (as a result of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017, SI 2017/694 (Scottish Regulations)) eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships). These entities are required to update their own registers within 14 days, and to update the information held on the central register at Companies House within a further 14 days (except eligible Scottish partnerships which are not required to keep a PSC register but are only required to deliver PSC information to Companies House within 14 days). The framework of the new regime is set out in the new Part 21A of the Companies Act 2006 (CA 2006), as inserted by Schedule 3 to the Small Business, Enterprise and...
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Law360, Expert analysis: The Financial Conduct Authority's (FCA) 2025-2030 strategy document, released on 25 March 2025, identifies the following priorities: (i) fighting financial crime, (ii) helping consumers, (iii) supporting growth, and (iv) being a smarter regulator. Regulated firms that delve a little deeper into the strategy can find some less predictable, but welcome messages including a commitment to taking a more flexible approach to supervising the largest firms, the removal of redundant requirements in areas such as commercial insurance and asset management, as well as forthcoming reviews. Written by Imogen Makin, counsel at WilmerHale
This week's edition of Public Law weekly highlights includes the Supreme Court鈥檚 landmark ruling in For Women Scotland Ltd v Scottish Ministers on the legal definition of the terms 鈥榤an鈥, 鈥榳oman鈥 and 鈥榮ex鈥 under the Equality Act 2010. Also in this edition, a rare Saturday recall of Parliament for an emergency debate on the Steel Industry (Special Measures) Bill, new guidance on UK1 pipeline notices under the Procurement Act 2023, an update to Procurement Policy Note 009: Tackling modern slavery in government supply chains extending its scope to NHS trusts, closure of the consultation on reforms to the Civil Service Compensation Scheme, takeaways from the ICO鈥檚 final anonymisation guidance, plus a request for feedback on updates to the Magenta Book. Case updates include a further Supreme Court ruling in Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust on reasonable duration of anonymity injunctions and a number of judicial review and freedom of information cases, including a case considering the interpretation of 'grossly offensive' in the context of Article 10...
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