R v Cox and Railton
1884 · 14 QBD 153
Posted By lanbuk.com
- Facts
- Cox and Railton were of conspiracy to defraud a judgment creditor. After judgment, they consulted a solicitor about transferring Cox's business to Railton by a bill of sale, so that there would be nothing for the creditor to take. The prosecution called the solicitor.
- Issue
- Are communications with a lawyer privileged if the purpose is to carry out a fraud?
- Held
- No. The Court for Crown Cases Reserved held that the solicitor's evidence was rightly admitted. Stephen J said there is no privilege in communications made in furtherance of a crime or a fraud.
- Principle
- does not cover advice sought to commit, or to further, a crime or a fraud. Honest advice about whether a past act was criminal remains privileged.
- Why it matters
- Crescent Farm v Sterling Offices is the civil case for the same exception.
Words and Latin in this note
- Legal professional privilege
- A client's right not to disclose confidential communications with a lawyer for the purpose of legal advice, or documents made for the dominant purpose of litigation. It belongs to the client. Crime and fraud are outside it. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.