Privilege under English law
23 August 2021
This guide provides an overview of the principles governing the ability of a party to keep communications with its lawyer confidential under the English law of privilege. It reviews the main heads of privilege which can be claimed, how privilege can be lost, and how to ensure that communications that are privileged, stay privileged.
In particular, this guide covers:
- Legal professional privilege
- Legal advice privilege
- Litigation privilege - Other heads of privilege
- Joint privilege
- Common interest privilege
- Without prejudice privilege
- Privilege against self-incrimination - Duration of privilege
- Loss of privilege
- Preserving privilege
The guide then goes on to look at privilege in practice and at the questions that frequently arise. It concludes with a table providing a brief overview of the categories of legal privilege and an "at a glance" flowchart.
A copy of the full Quickguide can be downloaded below.
