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Legal professional privilege waived in Minister’s change of law application
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Court of Appeal upholds the High Court's decision that the Minister for Transport implicitly waived legal professional privilege by deploying legal advice to justify a change in the application of the law regarding driving license penalty points. The original High Court case centered on the applicant's challenge to the Minister's decision to apply a lower penalty point threshold for disqualification to those who held learner permits before a legislative change in 2014. The Minister's reliance on differing legal advice received in 2014 and 2021 as a reason for the change, should such a reason be required, was deemed sufficient to infer waiver of privilege, necessitating the inspection of said legal advice by the applicant.
Legal professional privilege, waiver, inspection of documents, driving license, penalty points, learner permit, novice driver, Road Traffic Act, administrative rules, judicial review, High Court, Court of Appeal, legal advice, rationality of decision, adequacy of reasons, deployment for litigious advantage, Order 31 Rule 18 RSC, Minister for Transport, Tourism and Sport.
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