Logos And No-Gos: Personal Or Commercial?

The Supreme Court, in Philips v Mulcaire [2012] UKSC 28, rules on the scope of privilege against self-incrimination.

Glenn Mulcaire has remained at the forefront of the "phone-hacking" scandal and last month lost his appeal to the Supreme Court in relation to the interception of client voicemail messages left on the mobile phone of Nicola Phillips, PA to the PR consultant Max Clifford.

The Supreme Court dismissed Mr Mulcaire's appeal from the Court of Appeal and held that he could not rely on the common law privilege against self-incrimination as a defence to an application by Ms Phillips for an order requiring Mr Mulcaire to disclose who instructed him to intercept the voice messages and the nature of the interception.

Lord Walker delivered the judgment, with which the four other members of the Supreme Court concurred. The key issue addressed related to section 72(2)(a) of the Senior Courts Act 1981 (the 1981 Act) which provides a derogation from the privilege against self-incrimination for civil "proceedings for infringement of rights pertaining to any intellectual property..." and Lord Walker examined the meaning of "intellectual property" in this...