Privilege—general principles
Privilege—general principles

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Privilege—general principles
  • What is privilege?
  • Types of privilege
  • Do you need to disclose privileged documents?
  • Withholding inspection on grounds of privilege—Rule 31.3(1)(b)
  • Who does privilege belong to?
  • How long does privilege last?
  • Privilege and case management
  • The future of privilege
  • Privilege—practical tips

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when dealing with disclosure. The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, which will come into force on exit day, provide that references to CPR 78 will be omitted from CPR 31 and in relation to a mediation to which the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133 applied before exit day, CPR 31.3 continues to apply on and after exit day as if the amendments to that rule made by the regulations had not been made. For information about the changes, including any related practice direction changes made by the 107th practice direction update, see Practice Note: Brexit—CPR changes—Part 31—Disclosure and inspection and Brexit—CPR changes—Part 78—European procedures.

This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including legal advice privilege and litigation privilege (known collectively as ‘legal professional privilege’ (LPP)), without prejudice communications, common interest privilege, joint privilege, public interest immunity (PII) and closed material procedures (CMP).

It looks at the effect of privilege on disclosure and inspection and the difference between confidential documents and privileged material. It also considers who the privilege belongs to,