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Showing posts with the label legal professional privilege

Patents Court Practice - SafeStand Ltd v Weston Homes Plc

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Author Basher  Eyre Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Patents Court (Campbell Forsyth)  Safestand Ltd v Weston Homes Plc and others [2023] EWHC 1098 (Pat) (10  May 2023) A fundamental principle of civil litigation in England and Wales is that each party discloses to the other(s) any and all documents in his or her possession, custody or control that relate(s) to an issue in the proceedings.  An important exception is that documents that are prepared for the purpose of litigation do not have to be disclosed because they are protected by legal professional privilege.  The concept of "legal professional privilege" is explained conveniently by this  anonymous article dated 30 Aug 2022 on the Law Society website. Legal Professional Privilege and Experiments In patent proceedings, parties often carry out experiments to prove or disprove facts that may be in issue.  Those experiments are covered by legal professional ...

Wilmslow versus the Bahamas: Dawson-Damer and Others v Taylor Wessing and Others

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Bahamas Source Wikipedia Reproduced under a Creative Commons Licence Probably because it implements an EU directive and costs small business owners money to support a bureaucracy in Wilmslow and is cited by petty officials as an excuse for all sorts of irritations the Data Protection Act 1998  is one of the least understood and most maligned and least appreciated Acts of Parliament on the statute book. It does have its used of course and I for one would keep but I suspect that I am in a minority. If Parliament were ever to repeal this legislation the population would breath a mighty and very audible sigh of relief. In  Dawson-Damer and Others v Taylor Wessing LLP and Others [2015] EWHC 2366 (Ch) (6 Aug 2015) the claimants in an action in the Bahamas over the administration of a trust sued solicitors who had advised the trustees of that trust in England for an order under s.7 (9) of the Data Protection Act 1998. The order that they sought would have...