R v Derby Magistrates' Court, ex parte B
1996 · AC 487
Posted By lanbuk.com
- Facts
- A man was charged with the murder of a girl. He first told the police, and his solicitors, that he had done it. He then changed his account and said his stepfather had. He was . Years later the stepfather was charged. The defence wanted the first man's privileged instructions, to show the change of story. The magistrates issued a witness . The Divisional Court upheld it.
- Issue
- Can be set aside because another person's defence badly needs the material?
- Held
- No. The House of Lords quashed the summons. Lord Taylor of Gosforth said the privilege is absolute. A client must be able to consult his lawyer in confidence, knowing it will never be revealed without his consent.
- Principle
- Legal professional privilege is not balanced against some other interest in the particular case. It yields to crime or fraud, and to statute, not to a claim that the evidence would be useful.
- Why it matters
- It is the modern statement of why the privilege exists. The privilege is the client's, and only the client waives it.
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.