A Privileged and Conventional Relationship: Legal Professional Privilege and the Law Officers' Convention.
Motions in the UK and Scottish Parliaments demanding the publication of legal advice to government from its Law Officers have tested the Law Officers' Convention that the existence and content of their advice is only disclosed exceptionally. They have demonstrated government relying on the Conventio...
| Published in: | Modern Law Review Vol. 87; no. 1; pp. 111 - 141 |
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| Main Authors: | , |
| Format: | Article |
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Wiley-Blackwell
Jan2024
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=174378118&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 174378118 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Jan2024 vid: 87 iid: 1 pid: 480 pub: Wiley-Blackwell artinfo: ui: 174378118 10.1111/1468-2230.12830 ppf: 111 ppct: 30 formats: fmt: – @attributes: type: T – @attributes: type: P size: 316KB tig: atl: A Privileged and Conventional Relationship: Legal Professional Privilege and the Law Officers' Convention. aug: au: Mitchell, Rebecca Stockdale, Michael su: Legal motions Legal professions Juristic persons United Kingdom Scotland sug: subj: United Kingdom Scotland Legal motions Legal professions Juristic persons ab: Motions in the UK and Scottish Parliaments demanding the publication of legal advice to government from its Law Officers have tested the Law Officers' Convention that the existence and content of their advice is only disclosed exceptionally. They have demonstrated government relying on the Convention and legal professional privilege (LPP) to resist disclosure. This article provides the first coherent explanation of the relationship between LPP and the Convention. This is that government's right not to disclose Law Officers' advice is based on LPP with the Convention imposing a fetter on government's ability to waive privilege and/or to disclose whether Law Officers' have advised. The article provides new insights into the relationship between the UK, Scottish and Welsh Ministerial Codes and the Convention. The UK and Welsh Codes do not articulate the Convention's exception as applied in practice. The Scottish Code exhibits good practice that could be adopted elsewhere but also creates a variant Convention. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2024 holdings: @attributes: islocal: N |
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