The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege, including where they are relevant, how they arise, their key features, how they operate, examples and how they can be waived.
For more information on:
the general principles of privilege—see Practice Note: Privilege—general principles, which considers the general principles, meaning and rationale behind privilege
the general loss and waiver of privilege—see Practice Note: Privilege—loss or waiver of privilege, which looks at the different ways in which privilege can be lost or waived in the context of legal professional privilege (LPP)
Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such privilege may vary.
Joint privilege occurs where multiple parties have a joint retainer or joint interest in advice, for instance, where a company seeks advice on a matter in which the directors have an interest (as defined in Ford). Joint privilege may be asserted to enable a party to gain access to privileged information held by another party—see further below.
Common interest privilege may arise in respect of communications between parties sharing the same interest, even in circumstances where there is no joint privilege, for example, neighbours complaining of a nuisance that affects both equally but
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.