I totally agree.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: 12 July 2011 09:29
To: [log in to unmask]
Subject: Re: [data-protection] Advice regarding FOIA & LPP
My take for your consumption is as follows.
Legal professional privilege protects the disclosure of all
communications between a client and his/her/its professional legal
adviser (Solicitor or barrister but not a legal executive or solicitor's
clerk.) This privilege has been developed by Common Law but should the
issue the subject of this advice ever get to court then under the Rules
of Disclosure the information could be inspected by the other side. (The
Civil Procedures Rules 1998; Rule 31.15)
Now if in the course of advising his client the solicitor/barrister
sought advice from say a freedom of information officer and subsequently
advised his client then I suggest that advice to the solicitors client
from the solicitor is protected by LPP. However I cannot see that the
advice from the Freedom of Information officer to the solicitor can be
protected. The advice given to the solicitor will not be legal advice
because the freedom of information officer is not qualified to give
legal advice.
Chris Brogan MA LLM FSyI
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852
Registered in England & Wales No. 1322074
Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com
Please visit my blog
https://chrisbroganassociates.wordpress.com/
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 12 July 2011 09:18
To: [log in to unmask]
Subject: Re: Advice regarding FOIA & LPP
Makes sense. If I just give advice to joe bloggs an officer in parking,
it's not covered, but if I give advice to a solicitor it is.
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