Monday, November 18, 2019

Write a case comment on Bowman v Fels [2005] EWCA Civ 226, [2005] 1 Essay

Write a case comment on Bowman v Fels [2005] EWCA Civ 226, [2005] 1 WLR 3083 - Essay Example First, it summarizes the pertinent facts of the case. Second, it identifies the relevant legal issues raised in the case. Third, it analyzes the relevant legal issues raised in the case. Fourth, it critically makes considerations on the legal issues raised in the case. The English courts distinguished the two separate types of LPP. Legal advice is the first type of LPP, which protects the communication between lawyers and their clients. Second, litigation privilege that protects the information and documents created with the intention of litigation (Hostettler 2009, pp. 82). Furthermore, litigation privilege covers documents and advices given to by third parties. Historically, litigation privilege is the first form of LPP that the English courts recognized. The first time ECJ dealt with LPP was in a case involving AM & S v Commission. Ability of the commission to have access to communication between an undertaking, which it suspected of anti-competitive behavior and its lawyers, was the main concern of the case (Jones & Newburn 2007, pp. 102). The case maintained that written communications exchanged between an independent lawyer and his customer, made for the purpose and interest of the client’s rights of defense had privilege. A directive in 1991 significantly influenced the LPP of the community because it placed a wide-range of limits on the protection accorded to the lawyers and their clients. Consequently, controversy arose during Directive’s drafting process and its last amendments. In Order bar, the ECJ reviewed the legality of Article 2 a (5) of the 1991 Directive. Based on the review of the directive’s legality, some group of legal professionals have the obligation to inform competent authorities of any act likely to indicate attempts of money laundering. In addition, the directive compels legal professional to avail to the relevant authorities all required information upon their request. Article

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