Source: All England Reporter
Publisher Citation: [2003] All ER (D) 279 (May)
Neutral Citation: [2003] UKPC 38
Court: Privy Council

Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Millett, Lord Scott of Foscote and Lord Walker of Gestingthorpe

Representation J Sumption QC, R Craddock QC and B Latimer (both of the New Zealand Bar) (instructed by DLA) for the appellants.
  R Harrison QC and G Illingworth (of the New Zealand Bar) (instructed by Cruikshanks) for the Law Society.
Judgment Dates: 20 May 2003


Practice and procedure - Disclosure - Privilege - Legal professional privilege - Principle of legal professional privilege overriding statutory power to request production of privileged documents - New Zealand Law Practitioners Act 1982, s 101(3).

The Case

On an appeal from a judgment of the New Zealand Court of Appeal that s101(3) of the New Zealand Law Practitioners Act 1982, which gave the respondent law society power to call for documents from practitioners under investigation overrode any claim to legal professional privilege, the Privy Council held that legal professional privilege was a good answer to requisition under the Act, since that was where Parliament had struck the balance between the public interest in the maintenance of the integrity of the legal profession, and the public interest in the administration of justice.

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