The following Dispute Resolution Q&A Produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:
Privilege is a special protection afforded to communications between lawyers (and in certain circumstances, third parties) and their clients. The key principle is that a person should be able to consult with their lawyer freely, assured that the confidence in any information provided will be maintained and protected. Privilege accordingly provides a right to resist disclosure of a document where permitting the inspection of such document might otherwise be compulsory.
For an overview of the meaning and rationale underpinning privilege, see Practice Note: Privilege—general principles.
Privilege can only be claimed in respect of documents which are confidential and only if certain further conditions are satisfied. It follows that if a document ceases to be confidential, it will not be possible to claim privilege in the future. In providing access to privileged advice, an obvious concern is that confidentiality may be lost which will disadvantage the company, and the proposed purchase may not be completed with the result that the seller(s) of the company are worse off.
For more detail on the general principles of confidentiality and the ambit of confidential information, see: Protecting confidential information—overview and Practice Note: Use of confidential information in civil proceedings.
The starting point must be to identify exactly which party’s rights are involved. Uncertainty can arise, for example, where there is an individual who is the sole or
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The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
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What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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