Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Legal professional privilege definition

What does Legal professional privilege mean? Legal professional privilege is the protection that keeps confidential lawyer–client communications, and certain related documents, out of disclosure to courts, opponents, regulators and investigators. In practice, it is an umbrella (portmanteau) term for two heads of privilege: legal advice privilege (confidential communications between a lawyer and client for the purpose of giving or receiving legal advice) and litigation privilege (confidential communications with lawyers or third parties, and related documents, created for the dominant purpose of reasonably contemplated or existing litigation). It is a common law doctrine developed in case law (with some statutory recognition in specific contexts), applies...

Freedom of Information Act 2000 and EIR 2004: Legal Professional Privilege, the Law Officers’ Convention, Public Interest Balancing, Waiver and ICO Powers

Published by a LexisNexis Public Law expert

Practice notes

The Freedom of Information Act 2000 (FIA 2000) grants a general public right to access information held by public authorities, requiring each authority to confirm if the requested material is held and, where it is, to supply that information. This access right is not unrestricted, and FIA 2000 contains several exemptions reflecting circumstances where disclosure could harm the proper functioning of the public sector.

legal professional privilege

Legal professional privilege is a legal rule safeguarding communications connected to securing legal advice.

There are two forms of legal professional privilege—legal advice privilege and litigation privilege.

Legal advice privilege covers communications between a client and their lawyer that form part of the process of providing legal advice.

This privilege applies regardless of any actual or contemplated court proceedings.

By contrast, litigation privilege only arises when litigation is a reality or reasonably in prospect, and it extends beyond lawyer–client exchanges to include communications with third parties for the gathering of evidence for use in the actual or contemplated litigation. In essence, it shields advice-giving exchanges and evidence-gathering communications, ensuring that legal consultations and preparation for proceedings remain fully confidential when those conditions are met...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Susan Wolf

Susan Wolf was formerly a Principal Law lecturer at the Northumbria University School of Law, where she taught law for 26 years. During this time Susan developed the LLM in Information Rights Law and Practice and the Postgraduate Certificate in Data Protection Law at the University. Susan taught on the LLM for 11 years and taught over 350 information rights practitioners, including Information Rights Tribunal members and ICO staff. Susan has delivered training and conference papers nationally and internationally in the field of FOIA 2000 and the Environmental Information Regulations 2004. She wrote the Law Society Handbook on Environmental Information and was a contributor for the Law Society’s Information Sharing Handbook. Susan was also the co-author of Wolf & Stanley on Environmental Law which went into its sixth edition. After leaving the University in 2017 Susan became a consultant at Act Now Training where she...

Chris Alderson

Hempsons

Called to the Bar 1993; Ropewalk Chambers, Nottingham 1994 to 1996; qualified as solicitor 1997; Medical Defence Union legal department 1997 to 2000; Hempsons 2000 to date; partner 2005. Chris advises in all areas of information law. Chris has worked for both public and private sector organisations and private individuals, on topics as diverse as individual subject access requests to the international transfer of personal data. Chris works closely with his colleagues in Hempsons' commercial, regulatory and employment teams, providing specialist information governance input into transactions and contentious and non-contentious issues. He appears in the 2014 edition of the Legal 500 in relation to his work with healthcare clients. Chris also lectures regularly on information law issues, both to clients and at national events. ...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...