Parties involved in construction and engineering disputes,
particularly contractors and subcontractors, are often advised and
represented by claims consultants. There are many businesses
operating in the UK and throughout the world who provide claims
consulting services. Some people in these businesses are practising
lawyers (solicitors or barristers), but many are not. They may
provide legal or commercial advice, but will not usually do so in
the capacity of a solicitor or barrister.
The capacity in which a claims consultant acts is significant
insofar as legal privilege is concerned. Privileged communications
are those between a solicitor or barrister and his or her client.
The effect of a communication being privileged is that it does not
have to be disclosed to an opponent or to the court (or tribunal).
This may be critically important to the success of a party's
case, because if the legal advice it receives is capable of being
disclosed and used in court, its
