If you or your business are facing a dispute, your first telephone call may well be to your legal advisors. Your next internal email to a colleague however could cause significant issues with your case if you aren’t aware of when your communications are deemed to be ‘privileged’ (and thereby non-disclosable to the other side in the dispute) and when they’re not.
Two of the most widely relied on forms of privilege fall under the umbrella term of ‘legal professional privilege’ which encompasses ‘legal advice privilege’ and ‘litigation privilege’. A recent case however has just ruled that there is no element of litigation privilege which automatically covers internal corporate communications.
As well as there being no separate head of litigation privilege to cover internal corporate communications, the case also ruled that there was also no basis to find documents created for commercial purposes fall under the ambit of litigation privilege.
If you or your business are facing a dispute, there are a number of considerations to bear in mind to ensure you maintain what privilege you have over your communications and manage the documents on which privilege may not apply.
If you need assistance with a dispute or with regard to anything in this article, please send us your enquiry and one of our lawyers will be in touch.
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