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The Right to Silence and Legal Professional Privilege

Authors: Anthony Vernon;

The Right to Silence and Legal Professional Privilege

Abstract

The recent Blue Arrow and Maxwell cases have highlighted the extremely wide-ranging powers of investigation and inquiry vested in regulatory authorities such as the Serious Fraud Office (SFO) and the Department of Trade and Industry (DTI) and in company liquidators by recent legislation (Companies Act 1985, Insolvency Act 1986, Criminal Justice Act 1987). In this paper, the author reviews the current state of the law on the availability of the privilege against self-incrimination and of legal professional privilege as protection for senior company officials who face such investigations or inquiries. Through the consideration of a hypothetical scenario, the paper provides some general suggestions with a view to minimising, insofar as possible, the problems, criticisms and adverse publicity for the company which may result from these investigations and inquiries

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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