R v Peter Currie

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

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Parties

Peter Currie

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

  1. 1 Whether the trial judge erred in refusing to exclude emails between solicitor and applicant on grounds of legal professional privilege
  2. 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