In a recent case, the Supreme Court of Cyprus (single Judge), in certiorari proceedings, decided to cancel a warrant issued against a Cyprus law firm for the search of its premises and offices on the ground that the law firm illegally withheld certain important documents, concerning the commission of serious crimes by the lawyer’s clients.
The Supreme Court cancelled the search warrant on inter alia the ground, that the issue of the warrant, violated the legal professional privilege, which existed between the lawyer and his client.
By adopting the legal principles laid down in inter alia the judgment of the European Court of Human Rights in the case KOLESNICHENKO v RUSSIA (2009), the Supreme Court, held that an intervention in an office of a lawyer, who enjoys the legal professional privilege in the handling of his Client’s cases, shall be done, with extreme caution, and in accordance with safeguards, securing the exclusion of any general and unrestricted search, which may prejudice the core of such right of legal professional privilege and its protection.
The above recent decision of the Supreme Court has reaffirmed and strengthened the legal privilege enjoyed by the legal profession in Cyprus.
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