The Northumbria Centre for Evidence and Criminal Justice Studies
(NCECJS)
Northumbria Law School, University of Northumbria, Newcastle-upon-Tyne
This seminar,
funded by the Modern Law Review, explores the theoretical underpinning of legal
professional privilege (LPP) and its place in and impact on the modern world,
engaging various stakeholders, both academics and practitioners, in analysis
and discussion of key aspects of LPP.
The rule of law rationale underpins the assertion of LPP by individuals,
corporations (from small to large multi-nationals) and Governments. There is
clearly a conflict between this rule of law rationale and the effective
administration of justice. The assertion of LPP means that legal cases may be
heard and decided without the disclosure of relevant probative material.
Choosing to resolve this conflict in favour of the rule of law rationale is
weakened by argument that it does not accurately reflect client behaviour; that
many legal adviser/client communications would take place in full candour
regardless of whether the privilege exists. This argument is particularly
cogent where corporations are concerned, due their need to comply with myriad
legal rules, and in the Government context.
LPP must also be analysed in its human/constitutional
rights context. Legal professional privilege is now recognized as a fundamental
human right, long established in common law. It has also been held to be part
of the right of privacy guaranteed by Article 8 of The Convention for the
Protection of Human Rights and Fundamental Freedoms by the European Court of
Human Rights. As well as Article 8 (the right to respect for a private and
family life, home and correspondence), Article 6 (the right to a fair and
public hearing) may also be engaged in the context of LPP.
In each of the
four sessions taking place during the seminar, key themes arising from the
attributes of and rationale for LPP will be discussed.
Programme
Session 1, 9.30 – 10.45am: The
parameters of and rationale for LPP.
Origin and development of the rule of law rationale; interrogating the
rationale through empirical evidence; consideration of an alternative,
humanistic rationale for privilege; consideration of optimal means to assess
the efficacy of the rationale through new research.
Chair: Professor Ray Arthur.
Speakers: Professor Tony Ward, Professor Ed Imwinkelried.
Session 2, 11.00am – 12.15pm: LPP
as a fundamental human and/or constitutional right.
Consideration of the rationale for LPP and its status as a fundamental
human or constitutional right; consideration of LPP in the civil and criminal
contexts and the relationship with human rights.
Chair: Professor Michael Stockdale.
Speakers: Dr Jorg Sladic, Klentiana Mahmutaj.
Lunch
Session 3, 1.30 – 2.45pm: The
effect of LPP on the administration of justice.
The financial costs of LPP; a cost/benefit
analysis of both legal advice privilege and litigation privilege in relation to
the effective administration of justice; the use of
modern technology in disclosure and new approaches to disclosure
in mitigating these costs.
Chair: Associate Professor Rebecca
Mitchell.
Speakers: Robert Smith QC, Ann Ferguson,
William Ralston, Stephen Donnelly.
Session 4, 3.00 – 4.15pm: LPP in
the corporate and Government context.
Exploration of the particular impact of the parameters of LPP in the
corporate context and consideration of its rationale in the corporate context.
The operation of LPP between Legislature and Executive and consideration of the
rationale for LPP in the Government context.
Chair: Professor Chris Newman.
Speakers: Professor Joan Loughrey, Professor Michael
Stockdale, Associate Professor Rebecca Mitchell.
Close
The event is free to attend and will be both in person and virtual via Teams. In-person places are limited, please select your attendance method when booking
