We have published a client guide to legal professional privilege under English law, comprising:
- A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege; and
- Practical tips for maintaining privilege: aimed at minimising the risks of unhelpful, non-privileged material being produced.
Click on the image below to open an interactive PDF of the guide, with links to more detailed information and articles. Once you have opened the PDF, you can view brief notes by hovering over the numbered boxes on the decision tree. Clicking on these boxes, or the icons on page 2 of the PDF, will open links to more detailed notes.
Alternatively you can access the more detailed notes directly using the links below.
There are two types of legal professional privilege, both of which require that the relevant communication or document must be confidential.
(1) Litigation privilege – This applies where, at the time the communication or document was created:
- litigation was in reasonable prospect; and
- it was created for the dominant purpose of the litigation.
(2) Legal advice privilege – This applies to:
Privilege also applies where all or part of a document evidences a privileged communication.
In some circumstances privilege can be lost where privileged material is subsequently disseminated.