Our client Kyle Jones was successful in his application for Judicial Review of a decision by the PSNI to open his letter addressed to his solicitor. The High Court today concluded that the decision to open his letter was unlawful and breached his right to Legal Professional Privilege. This is an important Judgement which has implications for any future potential breaches of this fundamental right.
Mr Patrick Madden, solicitor in Madden & Finucane Solicitors, acting for the Applicant stated today;
“The decison to open our client’s letter was clearly flawed from the outset and was not in accordance with law. The Applicant had a legitimate expectation that his letter would not be opened by police. This letter was sealed and addressed to his solicitor. It was clearly subject to Legal Professional Privilege.
We challenged the decision to open the letter in order to prevent any future breaches to our client’s common law right to Legal Professional Privilege. This is a fundamental right which underpins the administration of justice. We hope that today’s judgement will serve as an important reminder to police that they should act within the law when dealing with documents subject to Legal Professional Privilege.”