C v C (Privilege: Criminal Communications)

Subject Matter

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, s 43(1)(a) (as amended by Criminal Justice and Public Order Act 1994, s 92(1))

[2001] EWCA Civ 469; [2002] Fam 42; [2001] 3 WLR 446; [2001] 2 FLR 184, CA

Commentary

Blackstones Civil Practice 2023
Legal Professional Privilege - Iniquity 50.112

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