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R v Derby Magistrates Court, ex p. B [1995] UKHL 18 (19 October 1995)

R v Derby Magistrates Court, ex p. B [1995] UKHL 18 (19 October 1995)


Citation:R v Derby Magistrates Court, ex p. B [1995] UKHL 18 (19 October 1995)

Link to case on WorldLII.

Rule of thumb:If a lawyer is being questioned in Court, do they have to state the communications they had with their client if it is a serious matter? No, all communications between a lawyer & a client are strictly confidential at all times.

Judgment:

Lawyer and client confidentiality is very far reaching and subject only to very limited exceptions. The Court affirmed that this is a clear case where although evidence may be relevant it is technically inadmissible by the law of procedure.

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Ratio-decidendi:

‘the principle which runs through these cases ... is that a man must be able to consult his lawyer in confidence, since otherwise he might hold back half the truth. The client must be sure what he tells his lawyer in confidence will never be revealed without his consent. Legal professional privilege is thus much more than an ordinary rule of evidence... It is a fundamental condition on which the administration of justice as a whole rests’, Lord Taylor

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.