Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Common interest definition

What does Common interest mean? In property and neighbour law, common interest describes the shared concern of adjoining owners or occupiers in a common structure or facility (for example a party wall, floor, roof, mutual gable, boundary, accessway or other common parts), allowing each to influence or restrain its use or alteration even though none has sole ownership. It does not create a proprietary right, but typically gives standing to insist on reasonable use, preservation of support and shelter, participation in decisions, and proportionate cost‑sharing for maintenance or works. Usage is broadly consistent across the UK and Ireland as a descriptive expression rather than a...

Joint retainer and common interest privilege, and the status of joint interest privilege: principles, operation, assignment, waiver, DSARs and agreements

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explores the ideas behind joint privilege and common interest privilege, outlining when they matter, how they come about, their principal features, how they function, illustrations, and the ways they can be waived.

The interest in privileged documents of more than one party

Joint or common interest privilege may exist where multiple parties assert the right to claim privilege over the same material. The scope turns on their interest in the subject matter and the nature of their relationship, among other considerations. Joint privilege arises where legal advisers are jointly instructed, or where the parties share a joint interest in the advice. It can be invoked to secure access to privileged material held by another participant. Common interest privilege covers communications between parties with an aligned interest even without joint privilege—for instance, neighbours objecting to a nuisance that affects them equally, although only one issues the claim. It permits a party to share a privileged document with a third party voluntarily. Where common interest privilege applies, that sharing does not waive privilege—see further...

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Web page updated on 21/05/2026

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