Legal professional privilege: lawyer’s confidentiality
Legal professional privilege – legal advice privilege and litigation privilege – are as important to family proceedings as to any legal advice and litigation. It applies equally to family cases as to any other litigation. It represents a right to which the individual is entitled, whether child or adult. Once established, it cannot be dispensed with other than in accordance with specific statutory provision.
The main outlines of the privilege are considered in this article. Aspects of the privilege are illustrated in its recent application in children and financial proceedings: from children in care proceedings to the enforcement of a financial order against a very wealthy Russian.
Cases of the month: March 2018
Re DAM (Children)  EWCA Civ 386 (8 March 2018) – Court of Appeal criticism of judge’s reasoning not being clear in care order judgment.
Herefordshire Council v AB  EWFC 10 (1 February 2018), Keehan J – Serious criticism by judge of the local authority’s keeping of children accommodated for long periods under Children Act 1989, s 20.
X and Y (Children)  EWHC 451 (Fam) (8 March 2018), Knowles J – Severe sexual abuse by girls’ father: local authority permitted not to consult with him or to disclose information to him.
Re T (A Child)  EWCA Civ 650 (28 March 2018) – Dilemma for the court where judge wanted child (18 months old) to stay with grandmother (G) with protection of a care order, but local authority fostering panel refused.
R (DSD and NBV & Ors) v Parole Board and Secretary of State for Justice  EWHC 694 (Admin) (28 March 2018) - QB Divisional Court (Warboys case): (1) the Parole Board were irrational in failing to consider evidence; and (2) that a provision preventing publication of material was ultra vires.
3 April 2018
Family Law Briefing is part of the Bloomsbury Family Law Service. The full briefing is available here.