Privilege in financial remedy proceedings
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Privilege in financial remedy proceedings

The following Family practice note produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Privilege in financial remedy proceedings
  • Legal professional privilege
  • Without prejudice privilege
  • Privileged communications
  • Waiver of privilege
  • Privilege against self-incrimination
  • Personal confidentiality
  • Mediation
  • Disclosure to third parties
  • Preliminary hearings

In financial proceedings there is an ongoing duty to provide full, frank, and clear disclosure. Such disclosure includes all material facts, documents and other information relevant to the issues in the case, together with any material changes after initial disclosure has been given. Solicitors owe their clients a duty to tell them in clear terms of this duty, and of the possible consequences of breach of the duty which may include criminal sanctions under the Fraud Act 2006.

Where a party resists disclosure on the basis of privilege, the onus is on that party to satisfy the court in that regard. The Family Procedure Rules 2010 (FPR 2010) do not specifically refer to the issue of privilege, and therefore reference must be made to the common law. This Practice Note considers the different types of privilege that may arise in financial proceedings and the circumstances in which privilege may be waived, together with disclosure to third parties and procedural issues.

See also Practice Notes: The duty of disclosure in financial proceedings and Procedural aspects of disclosure in financial proceedings.

Legal professional privilege

Legal professional privilege is a common law doctrine that protects communications between a professional legal advisor and a client. The privilege belongs to the client and means that, save in very limited circumstances, documents that are covered by the privilege do not have to be disclosed. The

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