Practice and Procedure

R (on the application of KELLY) (Appellant) v WARLEY MAGISTRATES' COURT (Respondent) & LAW SOCIETY (Interveners) (2007)

PUBLISHED July 31, 2007

[2007] EWHC 1836 (Admin)

A direction requiring a defendant to disclose details of potential defence witnesses was unlawful since it infringed the fundamental rights of litigation privilege and legal professional privilege. The Criminal Procedure and Investigations Act 1996 s.6C had not come into force and the direction had, therefore, been either an unconditional order that infringed both types of privilege without the sanction of primary legislation, or was an order without sanction and amounted to nothing more than a request.

DC (Laws LJ, Mitting J)