Q&As

Can party A assert privilege over documents where they consist of legal advice provided by B’s solicitors to B? B has passed away and A is the executor and sole beneficiary of B’s estate. What is the position if party A is not a beneficiary or executor of the estate?

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Published on LexisPSL on 24/07/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can party A assert privilege over documents where they consist of legal advice provided by B’s solicitors to B? B has passed away and A is the executor and sole beneficiary of B’s estate. What is the position if party A is not a beneficiary or executor of the estate?

Special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients. This is on the basis that there exists, at the center of that relationship, an obligation of confidence which the legal adviser owes their client, either in respect of confidential communications passed between them, or in relation to documents which may later form part of that party’s ‘brief’ in adversarial litigation. This special protection, enabling a client to retain confidentiality in relation to certain communications, tends to be known as ‘legal professional privilege’ (LPP) and is a central principle for the administration of justice. LPP is an umbrella term which encompasses legal advice privilege and litiga

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