R v Peter Currie
The applicant failed to establish, to the civil standard, that there was a joint retainer with Mr Tool; the trial judge was entitled to find the emails were not privileged and that their probative value outweighed any prejudice, so they were properly admitted.
- Parties
- Applicant: Peter Currie; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2024
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Conviction
- Outcome
- application for leave to appeal refused
- Legal Topics
- Fraud by False Representation, Fraud by Abuse of Position, Converting Criminal Property, Admissibility of Evidence, Legal Professional Privilege, Section 78 Police and Criminal Evidence Act 1984
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Currie
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in refusing to exclude emails between solicitor and applicant on grounds of legal professional privilege
- 2 Whether the trial judge erred in refusing to exclude the emails under section 78 of the Police and Criminal Evidence Act 1984
Ratio Decidendi
The applicant failed to establish, to the civil standard, that there was a joint retainer with Mr Tool; the trial judge was entitled to find the emails were not privileged and that their probative value outweighed any prejudice, so they were properly admitted.
Court Disposition
application for leave to appeal refused
Orders
- Application for leave to appeal refused
- Application for extension of time refused
Full Case Text
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