What is Legal Professional Privilege?
In the civil courts and the employment tribunals, documents and other communications are privileged from disclose on the ground of Legal Professional Privilege (“LPP”) under two categories:
- Legal advice privilege: these are confidential communications passing between a party and its legal advisers, in which the party is seeking or obtaining legal advice. It applies to transactional advice as well as advice regarding contentious matters.
- Litigation privilege: these are certain confidential communications made when litigation is likely or has begun, passing between a party and its legal advisers, a party and third parties (for example, potential witnesses) and, in certain circumstances, the legal advisers and third parties, where the main purpose of the communication is to seek or obtain evidence for use in the litigation, or to provide advice on the litigation.
For more information on LPP, please see Farore Law’s guide on Disclosure Obligations and Privilege.
Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.
Please contact us if you require legal advice.