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Legal Professional Privilege Update

30 October 2018

This guide is intended to provide a brief overview of legal professional privilege, updated following the Appeal Court’s judgement in SFO V ENRC. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.

This Inbrief will cover the following topics:   

  • Legal Advice Privilege
  • Litigation Privilege
  • Loss of Privilege
  • Preserving Privilege - Practical Steps    

Legal Advice Privilege

Legal advice privilege applies to confidential communications between lawyers and their clients for the purpose of giving or receiving legal advice. Legal advice privilege, which is available in contentious and non-contentious situations, therefore concerns:   

  • confidential    
  • communications    
  • between a lawyer and client    
  • for the purpose of giving/receiving legal advice   

Please click 'download files' to read the full inbrief.

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