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GLOSSARY

Privilege definition

/ˈprɪvɪlɪdʒ/

Published by a LexisNexis Dispute Resolution expert

What does Privilege mean?

The right or duty of a party to withhold a disclosed document from inspection.

It encompasses legal professional privilege; without prejudice communications; the privilege against self-incrimination; and public interest immunity.

Dispute Resolution

The right or duty of a party to withhold a disclosed document from inspection.

It encompasses legal professional privilege; without prejudice communications; the privilege against self-incrimination; and public interest immunity.

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Privilege in criminal investigations—checklist

Privilege in criminal investigations—checklist The following are only suggested guidelines, given that each criminal investigation will turn on its own facts. This Checklist should be read in conjunction with Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is key and must be maintained. If a document or communication was not confidential when it was first made, or if it loses its confidentiality, it will generally not attract Legal Professional Privilege (LPP). In order to assert privilege, careful consideration should be given to whether it is legal advice privilege or litigation privilege which is being asserted, and different considerations will apply to each. Steps to maintain legal professional privilege At the outset In the event that the client seeks advice before the criminal investigation commences: Legal advice privilege • consider whether legal advice privilege applies, ie: ◦ is the communication confidential? If yes ◦ is the communication sent by a lawyer to their client or vice versa? If yes ◦ is the communication made...

Staff training & awareness—law firms—checklist

Staff training & awareness—law firms—checklist UNDER REVIEW: This Checklist is being reviewed in light of the publication of the SRA Anti-Money Laundering Training - Thematic Review, published on 30 October 2024. This staff training and awareness Checklist pulls together requirements in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, in relation to the obligation to conduct training and raise awareness of money laundering, terrorist financing and proliferation financing risks and procedures to mitigate them. It also contains recommended actions. The Checklist signposts relevant Precedents you can use or adapt to comply with these requirements and recommendations. There is a section for you to mark whether you have completed each requirement and also to insert comments or note action points. For more guidance, see Practice Note: Money Laundering Regulations 2017—staff training and awareness—law firms. Requirement Compulsory or recommended? Comments (if any) ☐ Ensure staff are competent to carry out their role, and keep their professional knowledge and...

Discover our 20 Checklists on Privilege

Freedom of information request—flowchart

Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...

Evaluating a data subject access request—flowchart

Evaluating a data subject access request—flowchart The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right of access to their personal data. Data subjects can make a request to an organisation to exercise their right of access to their personal data (a data subject access request or DSAR) at any time and there are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—access • How to handle data subject requests This Flowchart maps out a process for evaluating DSARs received under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be read in conjunction with Practice Note: How to handle data subject requests and Flowchart: Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. Note 1—notifying the data subject you...

Discover our 4 Flowcharts on Privilege

Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Ireland—Methods of alternative dispute resolution

Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...

Discover our 172 Practice Notes on Privilege

Upjohn warning (US)

Upjohn warning (US) I am a lawyer for [insert organisation name]. I represent only [insert organisation name], and I do not represent you personally. I am conducting this interview to gather facts in order to provide legal advice to [insert organisation name]. This interview is part of an investigation to determine the facts and circumstances of [insert investigation subject] in order to advise [insert organisation name] how best to proceed. Your communications with me are protected by the attorney-client privilege. But the attorney-client privilege belongs solely to [insert organisation name], not you. That means [insert organisation name] alone may

Response to data subject request—right of access—able to comply with request

Response to data subject request—right of access—able to comply with request [Name of individual making request] [Address of individual making request] [Date of this response] Dear [insert name of individual making request] I am writing in response to your request dated [insert date of request], which we received on [insert date]. You have asked for [confirm precisely what was requested, eg ‘electronic copies of any personal data we hold about you’]. I confirm that we are processing personal data relating to you and a copy of the relevant information is [insert details of how personal data is being provided to the data subject, eg attached to this email, password protected. The password will follow in a separate email]. [As your request was made electronically, we are providing the information to you [insert details of format in which the information is being provided—this must be a commonly used electronic format].] [We have [excluded OR redacted] some personal data on the grounds of legal professional privilege.] [We have...

Dive into our 102 Precedents related to Privilege

Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia?

Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning ‘ownerless property’) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: • the Overseas Companies Regulations 2009, SI 2009/1801 • the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...

A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this?

A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this? The issue to consider will be generally whether a third party can obtain a copy of a witness statement from the court in respect of live proceedings, and whether there are any restrictions on the applicant in the proceedings regarding disclosing a witness statement to non-parties. The status and use of a witness statement will depend on whether it is a draft witness statement or a final one which has been signed off by the witness. Draft witness statements and affidavits are privileged unless and until privilege is waived....

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IP weekly highlights—29 May 2025

This week’s edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Public Law weekly highlights—29 May 2025

This week's edition of Public Law weekly highlights includes: news of the bilateral treaty between the UK and Mauritius to secure UK-US military operations on Diego Garcia, and update to the Cabinet Office guidance page on the National Security Unit for Procurement and analysis of the Teal Book—guidance published following the merging of the National Infrastructure Commission and Infrastructure and Projects Authority into the National Infrastructure and Service Authority (NISTA). Also in this edition, updates on a fresh legal challenge over the Supreme Court's decision in For Women Scotland v The Scottish Ministers, a joint letter criticising the role and decisions of the European Court of Human Rights, plus details of a free webinar on judicial review. Case updates this week include a number of judicial review and freedom of information decisions. This edition features further updates on Brexit, state security and intelligence, constitutional and administrative law, equality and human rights, projects and infrastructure, public procurement, information law, judicial review, subsidy control and State aid.

Read the latest 59 News articles on Privilege