Litigation privilege

Posted on 28th August 2024 |

Litigation privilege is a legal principle that protects certain communications and documents created or exchanged in the context of pending or anticipated litigation from being disclosed to the other party or in court.

This privilege is designed to promote candid discussions and thorough preparation by parties and their legal counsel without the fear that these communications will later be used against them.

Key aspects of litigation privilege include:

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Scope of Protection

It typically covers communications between a client and their attorney, between the client and third parties, and between the attorney and third parties.
It also applies to documents and other materials created with the dominant purpose of use in the litigation process.

Conditions for Application

There must be existing or reasonably contemplated litigation.
The communications or documents must be created for the dominant purpose of the litigation.

Duration

The privilege generally lasts as long as the litigation is ongoing, and in some jurisdictions, it may continue even after the litigation concludes.

Exceptions

The privilege may not apply if the communication is made in furtherance of a crime or fraud.
It may also be waived if the privileged communication or document is shared with a third party who is not involved in the litigation or if it is disclosed in a manner inconsistent with maintaining confidentiality.

More information

How MGB can assist

If you are facing a similar situation or require assistance with Litigation, please do not hesitate to contact us. We are here to provide expert legal consultation and guide you through possible legal actions tailored to your case.

We can be reached by email at email@mgb.law or by telephone at +44 (0) 20 7499 0620.