BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PRIVILEGE
Privileged material and disclosure
must be disclosed, but need NOT be made available for inspection
ID in section 2 of list of documents: documents party claims a right / duty to withhold inspection (r31.10(4)(a))
Effect of claiming privilege
can't draw adverse inferences from fact witness / party claims privilege
successful claim prevents certain people being compelled to give evidence of particular matters but NOT from those matters being proved by other available evidence
PRIVILEGE AGAINST SELF INCRIMINATION
the rule (s14 Civil Evidence Act)
no one is bound to answer any Q or produce any document or thing if would have a tendency to expose him or his spouse to proceedings for a criminal offence (except contempt of court) or recovery of a penalty
must be a real and appreciable risk of a criminal charge (Rank Film Distributors v Video Information Centre)
arises if prosecution might use answer in deciding whether to prosecute (Den Norske Bank v Antonatos) inapplicable if evidence so strong prosecution would proceed regardless
corporations: have legal personality, so can claim (Triplex v Lancegaye) BUT may need to consider whether corporation and / or employees at risk of criminal proceedings (Sociedade de Angola v Lunqvist)
personal so if person answers Q about spouse, spouse cannot complain
exceptions (compatible with Art 6)
if prosecutor says will not prosecute (usually if already prosecuted), lose right as no realistic risk of prosecution (AT&T v Tully)
material existing independently of a search order and coming to light in the course of executing a proper order of the court
IP or passing off cases (+ answers shall not be used in any related prosecution) (s72 SCA)
civil proceedings for recovery / administration of property for execution of a trust / for account of property / dealings with property under Theft Act
certain prosecutions under Fraud Act (generally breach of fiduciary duty)
s98 of Children Act - proceedings re: case, protection and supervision of children
certain proceedings under Banking Act 1987
LEGAL PROFESSIONAL PRIVILEGE
legal advice privilege
protects:
lawyerclient communications…
made for giving or receiving legal advice…
sought or given in a relevant legal context…
for a non-dishonest purpose (objective test)
belongs to client
solicitor under duty to assert (i.e. must refuse to disclose) unless client waives
survives death of client + vests in PR
does NOT apply to
documents pre-existing the litigation
internal records e.g. accounts
investment advice, patent advice, estate agent advice, advice (even from solicitor)
between 2 clients of same solicitor on same subject matter
litigation privilege
protects:
lawyer-third-party AND clientthird-party confidential communications…
where the dominant purpose in creating the document…
is to use it in order to obtain legal advice OR help in conduct of litigation…
which was reasonably prospective AT THAT TIME
lawyerthird-party
protects letters to + statements / reports from witnesses / experts
clientthird-party
legal advice aspect must be dominant purpose with a 'clear paramountcy' of the person commissioning the report (objective test)
document must have come into existence for purpose of present litigation
other confidential relationships
in-house lawyers
communications with barristers, and others authorised to provide certain legal services
any third party receiving information in confidence with a view to mediation between parties without parties' agreement
exceptions
cases involving child welfare (court can override)
if purpose behind seeking legal advice is 'iniquitous' regardless of whether solicitor aware of client's intent e.g. fraud, criminal offence
doctors, priests, others entrusted with confidences
waiver
waived by client
waived by court
lost by inadvertent disclosure
party may ONLY use document / its contents with permission of court (r31.20)
NOT by simply...
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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