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Cross & Tapper on Evidence

Cross & Tapper on Evidence (13th edn)

Roderick Munday
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date: 25 September 2022

p. 425IX. Privilegelocked

p. 425IX. Privilegelocked

  • Roderick MundayRoderick MundayReader Emeritus in Law, University of Cambridge, Fellow Emeritus of Peterhouse, Cambridge, Bencher of Lincoln’s Inn

Abstract

This chapter concerns privilege. A witness is ‘privileged’ when they may validly claim not to answer a question, or to supply information relevant to the determination of an issue in judicial proceedings. Because the effect is to deprive the tribunal of relevant evidence, powerful arguments are required for such rules. Modern law has reduced their number and scope, although this is arguably balanced by an increase in their status, which has been further enhanced by implementation of the European Convention on Human Rights (ECHR). This chapter discusses certain types of privilege: the privilege against self-incrimination, legal professional privilege, privilege for statements made without prejudice as part of an attempt to settle a dispute, and a privilege derived from the former for statements made to a conciliator.

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