Privilege Flashcards
Kirkwood v kirkwood
Judges duty to advise witness as to privilege
Brown v stott
Lord Bingham: limited qualification acceptable
Lord kirkwood: right capable of being limited if it is necessary to protect legitimate interests of community
Wilkinson— legal advisor
Essential for justice that person should be able to consult their legal advisors freely
R v derby magistrates court
Privilege is absolute
HMA v Davie
Scots law unclear— communication but refused to act
Walker and walker— legal advisor
Covers communications and observations
Anderson v lord Elgin’s trustees
Not apply where issue is whether or not the communication was made
Fraser v malloch
Where relationship is the issue
Misocosta SA v Shetland Island Council
Not apply if legal advisor is involved in criminal conduct
Johnstone v National Coal Boar
Privilege de communication post litem Motam
Rationale to allow investigation without disclosure
Macphee v Glasgow corporation
Privilege de communication post litem motam
Does not extend to employee-employer where employee at accident
Hepburn v Scottish Power
Privilege de communication post litem motam
Does not apply where subject matter of report altered due to examination
Bell v lothiansure ltd
Privilege- aid of settlement
Without prejudice
Ware v Edinburgh District Council
Communication in aid of settlement
May not cover all parts where not related to proposed settlement
Gordon v East Kilbride Development Corporation
Communication in aid of settlement
Does not apply to statements of facts or unequivocal admissions
