Section 70D: Professional advisers

Unjustified threats.

70D. (1) Proceedings in respect of an actionable threat may not be brought against a professional adviser (or any person vicariously liable for the actions of that professional adviser) if the conditions in subsection (3) are met.

(2) In this section “professional adviser” means a person who, in relation to the making of the communication containing the threat;

• (a) is acting in a professional capacity in providing legal services or the services of a trade mark attorney or a patent attorney, and

• (b) is regulated in the provision of legal services, or the services of a trade mark attorney or a patent attorney, by one or more regulatory bodies (whether through membership of a regulatory body, the issue of a licence to practise or any other means).
  
  

(3) The conditions are that;

• (a) in making the communication the professional adviser is acting on the instructions of another person, and

• (b) when the communication is made the professional adviser identifies the person on whose instructions the adviser is acting.
  
  

(4) This section does not affect any liability of the person on whose instructions the professional adviser is acting.

(5) It is for a person asserting that subsection (1) applies to prove (if required) that at the material time;

• (a) the person concerned was acting as a professional adviser, and

• (b) the conditions in subsection (3) were met.