Hallinan, Blackburn-Gittings & Nott (a firm), R (on the application of) v Middlesex Guildhall & Anor

Hallinan, Blackburn-Gittings & Nott (a firm), R (on the application of) v Middlesex Guildhall & Anor

Where there is freestanding and independent evidence of a specific agreement to pervert the course of justice, the court may conclude that material held by solicitors is not protected by legal professional privilege if it is held with the intention of furthering a criminal purpose. The judge was entitled to find that the material sought fell within this exception and was not privileged.

Parties
Claimant: Hallinan, Blackburn-Gittings & Nott (A Firm); Defendant: Middlesex Guildhall Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
15 November 2004
Procedural Posture
Judicial Review / Judgment on Application to Quash Crown Court Production Order
Outcome
Claim dismissed
Legal Topics
Production Orders, Legal Professional Privilege Exception, Conspiracy to Pervert the Course of Justice
Criminal Law Evidence Legal Professional Privilege Production Orders Legal Professional Privilege Exception Conspiracy to Pervert the Course of Justice

Case Brief

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Parties

Hallinan, Blackburn-Gittings & Nott (A Firm)

Claimant

Middlesex Guildhall Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash Crown Court Production Order

Legal Issues

  1. 1 Whether the information sought was exempt from disclosure by reason of legal professional privilege
  2. 2 Whether the exception to privilege for material held to further a criminal purpose applied

Ratio Decidendi

Where there is freestanding and independent evidence of a specific agreement to pervert the course of justice, the court may conclude that material held by solicitors is not protected by legal professional privilege if it is held with the intention of furthering a criminal purpose. The judge was entitled to find that the material sought fell within this exception and was not privileged.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Production Order refused
  • No order as to costs