Privilege Plus

One of the most commonly asked questions of litigators relates to legal professional privilege. The answers to privilege questions are heavily fact dependent but there are key principles which can be used to provide a steer as to whether a document is covered by legal professional privilege or not.

About Privilege Plus

Privilege Plus asks a series of questions and, based on the answers, indicates whether a document is likely to be privileged or not under English law. It looks at four scenarios – at the point of creation, post-creation, whether a document can be shared, and when without prejudice privilege applies.

The app assumes a basic understanding of the concept of legal professional privilege. If a refresher of the key principles is required, we recommend you read our Quickguide.

The concept of legal professional privilege is a difficult one and its application is always fact dependent. The app can only give users a steer as to whether a document is privileged or not and whether privilege has been lost. If definitive advice is required, we recommend you contact your usual Ashurst contact or any of our London dispute resolution partners.