Case studies

"LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients."

SBP Law

Access all 16 documents on Litigation privilege

GET ACCESS NOW

GLOSSARY

Litigation privilege definition

Published by a LexisNexis Dispute Resolution expert

What does Litigation privilege mean?

The privilege which protects confidential communications between lawyers, clients and third parties, when made for the purposes of or in contemplation of litigation.

Litigation, for these purposes, does not extend to non-contentions proceedings such as care proceedings.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Privilege—general principles

This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types, including legal advice privilege and litigation privilege (known collectively as ‘legal professional privilege’ (LPP)), common interest privilege, joint privilege, public interest immunity (PII) and closed material procedures (CMP).It looks at the effect of privilege on disclosure and inspection and the difference between confidential documents and privileged material. It also considers to whom the privilege belongs, for how long it lasts and the effect of privilege on case management.Practical tips on privilege are also offered.What is privilege?In English law, privilege is a fundamental right allowing a party, or its successors in title, to withhold from production certain documents (see Court of Appeal decision in Addlesee v Dentons Europe). Where privilege exists, it does not generally displace the obligation to disclose the document's existence, but means that the relevant document will not generally be produced to other parties or the court. For further guidance, see Do you need to disclose privileged documents? below.Special protection is...

Legal professional privilege in civil proceedings

This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the various criteria for both types of LPP including confidentiality of communications, the dominant purpose and legal context of the communications over which privilege is being asserted and to whom the communication has been copied. The question of which country’s law decides whether a document is privileged is answered. The Practice Note looks at the meaning, for the purposes of asserting privilege, of client, legal adviser, legal advice and anticipated litigation. It addresses the various exceptions to privilege (ie circumstances in which privilege will not arise) including the iniquity exception (in circumstances of fraud or crime), where statute overrides privilege, etc. The position on copy documents, collated, selected and extracted documents and translations is also considered. Finally, practical tips on LPP and privilege generally are offered.Legal professional privilege (LPP) (which is often referred to simply as ‘privilege’ in this Practice Note) is an umbrella term encompassing legal advice privilege...

Discover our 8 Practice Notes on Litigation privilege

Legal professional privilege (LPP)—quick guide for staff

Legal professional privilege (LPP)—quick guide for staff Legal professional privilege (LPP) is a fundamental right, entitling [insert organisation’s name] to withhold evidence from production to a third party or court. It allows the organisation to obtain skilled advice about the law, putting all relevant facts before our legal advisers without fear that they may afterwards be disclosed and used against us. This quick guide explains what legal professional privilege (LPP) is and how we can best protect it. 1 What is legal professional privilege? LPP is an umbrella term encompassing: —legal advice privilege (LAP), and —litigation privilege LPP protects the confidentiality of written and oral communications between lawyers and clients. It is a fundamental right, entitling a party to withhold evidence from production to a third party or a court. Legal advice privilege Litigation privilege Legal advice privilege attaches to all communications made in confidence between a client and their lawyer for the purpose of giving or obtaining legal advice.There are five essential elements to legal advice privilege; all of which...

Draft letter seeking inspection of privileged documents

Draft letter seeking inspection of privileged documents Dear [insert organisation name] We write with respect to your [disclosure list], in which you have claimed to be entitled to withhold inspection of a number of relevant documents on the ground of legal professional privilege. On the basis of the limited information you have provided, our client is not satisfied that these documents are protected by legal professional privilege. Accordingly, please confirm that you will provide inspection of these documents [in accordance with the Court’s directions OR in accordance with the CPR OR within [number of] days OR . Alternatively, insofar as your client continues to assert privilege, please provide the following information within [number of] days: 1 Please confirm that each document over which your client asserts privilege has been specifically assessed for that purpose. Please identify the person or persons who carried out the assessment. In particular, please confirm whether that assessment was carried out (or, if not, supervised) by a solicitor or other legal professional. 2...

Dive into our 8 Precedents related to Litigation privilege