English Court of Appeal: No justification for blanket of litigation privilege
18 April 2019
Privilege is a fundamental and well-established legal right which is intended to ensure that clients can discuss legal issues freely with their lawyers and so their lawyers can advise them without those discussions and that advice having to be disclosed to the other side. However, defining the precise boundaries of what is and is not privileged is often more difficult than one might assume. Just because a document or conversation is intended to be confidential and/or is commercially sensitive does not make it privileged (nor does marking a document as "privileged and confidential", or merely copying a legal adviser on an email communication).