Solicitor and Client – Privilege – Statutory Interpretation

Robin Cooke, "Solicitor and Client – Privilege – Statutory Interpretation" [1954] CLJ 156

Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 70/2017

5 Pages Posted: 23 Oct 2014 Last revised: 20 Apr 2017

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: November 22, 1954

Abstract

In this article, Mr Cooke discusses when a common law right will be considered so important that it will not be deemed removed by broadly phrased legislative drafting but will require specific reference, in light of Commissioner of Inland Revenue v West-Walker [1954] NZLR 191 (CA). Mr Cooke first discusses the issue raised in this case, which considered whether general words in the relevant statute were sufficient to limit the common law right to legal professional privilege. He contrasts the approaches of the majority, which refused to accept that this privilege could be taken away by a “side wind”, with the minority judgment of Stanton J. Mr Cooke comments favourably on the majority’s approach, particularly the value the majority places on ensuring the existence of effective machinery for the safeguard of individual rights, and draws analogies with Chester v Bateson [1920] 1 KB 829 and other English cases in which courts have been reluctant to allow others the power to conclusively interpret statutory orders.

Note: Abstract by Tim Cochrane

Keywords: Lord Cooke, common law rights, legal professional privilege, West-Walker, New Zealand Court of Appeal, Stanton J, Chester v Bateson, rights, interpretation

Suggested Citation

Cooke, Robin, Solicitor and Client – Privilege – Statutory Interpretation (November 22, 1954). Robin Cooke, "Solicitor and Client – Privilege – Statutory Interpretation" [1954] CLJ 156, Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 70/2017, Available at SSRN: https://ssrn.com/abstract=2513225

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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