A special right, immunity or exemption where one refuses to give evidence or prevent others from doing so, distinguished from public interest immunity where primary source of evidence is privileged secondary evidence may be resorted to whereas if public immunity excluded facts can’t be proved in any way. Include doctor patient, clergy penitent, self-incrimination, state secrets, how one votes except voting was illegalper S 109, trade secrets.
Once a privileged always a privileged per Calcraft v Guest means that once a doc’s holder gains privilege over doc, such passes to successors even after death, also distinguished from competence and compellability of witness where a person competent but not compellable may choose whether to give evidence at all, but where he gives he is supposed to answer all questions properly posed to him unless entitled to a privileged else contempt.
S 87-applies in all proceedings despite any rule of law or enactment 88-person doesn’t have privileged if subpoenaed as witness, fail to disclose a matter as witness or produce an object, person may not prevent one from being witness, disclosing a matter or producing an object 89-on waiver of privilege, a person with privileged who voluntarily discloses info no longer holds privilege, a joint privilege when waived by one doesn’t affect right of other91-person not punishable for failure to disclose privilege unless fails to obey order of court to disclose
92-in order to rule on claim of privilege under S 106-state secret claimed only by a gov’t minister unless outweighed by justice 107-informants privilege by gov’t refusing disclosure of identity of person who has supplied info to gov’t revealing crime except where disclosure is already made or person appears as witness in court 108-trade secrets owner privilege in trade-mark, copyright or other law; respectively, court may require person to disclose info in chambers
93-communications presumed privilege if was confidential94-error in allowing privilege be made on appeal or review by holder 95-error in disallowing privilege makes disclosure inadmissible against holder in later proceedings 96-privilege of an accused 97-privilege against self-incrimination per AT & T Istel Ltd v Tully self-incrimination privileges shouldn’t be extended to civil proceedingsto produce vital docs in possession or power which speaks for themselves 98-disclosure of things owned by another essential to incriminate such person 99-required reports by law holds no privilege except provided otherwise by law
s 100-lawyer-client privilege, confidential communication is one made and intended to be confidential per circumstances except to 3rd parties in client’s interest in seeking legal advice, privilege of client to refuse info to lawyer, may be claimed also by his representatives, guardians, successors, his lawyer and lawyer’s representative per Derby Magistrates Court, ex parte B man must be able to consult lawyer in confidence since otherwise might hold back half the truth101-exceptions to lawyer-client privilege, where legal advice was sought for criminal purpose per R v Cox or for fraud and legal adviser ignorant of said purpose same not privileged, to settle issue between parties claiming interest of same deceased client, settle interest of breach of lawyer or client’s duty to another, execution of client’s writing where lawyer is attesting witness, communication relevant to matters of common interest between two or more clients and offered in proceedings between them
102-privilege in work produced by lawyer for client and may be refused where available from another source 103-privilege communication with physician or psychologist in mental treatment except where examination was ordered by court, claimed by representatives, guardians… 104 Privilege in religious adviseas prevented in code of minister’s religion as spirit adviser 110-marital communications as confidential per R v Algar forging wife’s cheque later dissolved for impotency, evidence of forgery not admissible against husband, however court may allow other evidence on subject provided it’s legally admissible.
Art 135 production of official docs in court determinable exclusively by SC whether disclosure will be prejudicial to state’s security or injurious to public interest held in camera. Per Para 16 of Memorandum to Act 323 all existing CL privileges are abolished by s88 and those recognised are those in Act or other enactment, person may be competent and compellable witness for or against spouse though communication privileged.
O 22 of CI 47 Discovery by Interrogatories, may be requested by party to be interrogated in the form of an offer, upon objection to answer interrogatory on privilege, objection may be stated in affidavit in answer to interrogatory.