The following Pensions practice note produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:
Privilege is the fundamental human right, long established by common law, to withhold/resist/object to the compulsory giving of information or production of a document to another person. Questions of privilege thus frequently arise when disputes are brought before the Court or the Pensions Ombudsman, as privilege is one of the grounds on which a document, although disclosable, may nevertheless be excluded from the usual inspection/production process under CPR Part 31 or the Disclosure Pilot for the Business and Property Courts (in the case of court proceedings) or production before the Ombudsman. It thus, as a rule of procedure and evidence, acts to prevent such material from being given in evidence and/or to prevent a witness being required to answer questions on it.
It is also a rule of substantive law beyond civil proceedings to object to any demand for privileged material. In non-litigious contexts, questions of privilege will arise, inter alia, under the Pensions Act 2004 (PeA 2004) by virtue of s 311 of that Act, which excludes privileged communications from duties of disclosure to the Pensions Regulator.
The term 'Privilege' is an umbrella term covering a number of different rights. This Practice Note is concerned with one such right, namely Legal Professional Privilege. This is generally the right not to be required to
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