The Law Reports (Family Division)
[2002] Fam 42
Court of Appeal
C
v
C (Privilege: Criminal Communications)
[2001] EWCA Civ 469
2001 March 8
Thorpe and Hale LJJ
Evidence
— Privilege
— Legal professional privilege
— Telephone conversations between solicitor and client in matrimonial proceedings
— Client making threatening and abusive remarks in course of conversations
— Solicitor's affidavit in support of application to be removed from record in client's matrimonial proceedings disclosing content of conversations
— Affidavit inadvertently sent to client's wife's solicitors
— Wife seeking to adduce affidavit in evidence
— Whether communications criminal in themselves
— Whether aim of communications obtaining of appropriate legal advice
— Whether protected by legal professional privilege
—
Telecommunications Act 1984 (c 12), s. 43(1)(a) (as amended by Criminal Justice and Public Order Act 1994 (c 33), s. 92(1))
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