Litigation Privilege as Understood Through Cases
ENRC v SFO; Bilta v RBS and R v Jukes
The definition of Litigation privilege is non-disclosure
protection imposed on documents which come into existence after
litigation commenced or in contemplation of such litigation, or
where their creation was in the view or such prosecution. These
documents are either for obtaining advice as to such dispute, or of
gathering evidence to be used in such litigation, or of receiving
information which might lead to the securing of such evidence.
Litigation privilege explained
The concept of litigation privilege exists to protect parties to
the litigation. Litigation privilege provides for parties to assess
the merits and prepare its case without having to concern itself
with the disclosure of those details to its opponent. Litigation
privilege consists in documents, including communications, which
are confidential and the production of which happens in situations
where litigation
