Jurisdiction(s):
United Kingdom

Legal professional privilege in corporate and personal insolvency: office-holder powers, statutory examinations, waiver, joint and common interest, and communications with solicitors, directors, creditors, funders and assignees (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note explores typical practical matters that emerge around legal professional privilege (LPP) within corporate and personal insolvency processes and related proceedings. For guidance on the foundational principles of privilege, and the reasons underpinning them, see Practice Note: Privilege-general principles. For broader material on LPP, including the tests for both legal advice privilege and litigation privilege, together with recognised exceptions, see Practice Note: Legal professional privilege in civil proceedings.

General principles-corporate insolvency

Within a corporate setting, privilege in any document belongs to the company. An insolvency office-holder appointed in respect of the company, stepping into the company’s position, is therefore entitled to obtain and examine documents created before the company entered the insolvency process. In relation to any such documents obtained, the office-holder may assert or relinquish any claim to privilege that the company could previously have asserted against third parties. That position mirrors the status the company itself would have held before insolvency commenced under the applicable law. For details on an office-holder’s waiver of privilege, see ‘Waiver of privilege’ below...

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Joseph Evans

Charles Russell Speechlys LLP

Joseph is a solicitor-advocate who undertakes all aspects of commercial litigation work, specialising in insolvency disputes.Joseph assists officeholders with their investigations into insolvent companies and individuals, both in the UK and overseas, with a view to recovering misappropriated funds for the estates. Joseph works on cases involving fraud, misfeasance, negligence and tax avoidance. Joseph often acts for claimants on a contingent basis where appropriate. Joseph also has a specialist practice advising stakeholders on structuring alternatively-funded cases, including implementing litigation funding and CFA/DBA arrangements....

Web page updated on 29/05/2026

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