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ARTICLE · 20 SEPTEMBER 2023

Can You Rely On Litigation Privilege To Protect Documents Prepared For Adjudication?

Have been drafted by a solicitor or barrister for their client, or show communication between them and their client, for the sole purpose of obtaining and providing legal advice...

United KingdomLitigation, Mediation & Arbitration

One of the few ways you can prevent the disclosure of documents is if the document is "privileged".

What does this mean?

Any documents which:

  1. Have been drafted by a solicitor or barrister for their client, or show communication between them and their client, for the sole purpose of obtaining and providing legal advice, fall under legal advice privilege and do not have to be disclosed to any other party during a dispute; or
  2. Have been drafted by a solicitor, barrister or third party (expert) for their client, or show communication between them and their client, for the sole purpose of obtaining advice in relation to a present or near future litigation (e.g. Court proceedings), fall under litigation privilege and do not have to be disclosed to any other party during the proceedings; or

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