Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Confidential information definition

What does Confidential information mean? In legal practice, confidential information is information not in the public domain that is protected because it was given in confidence or because disclosure is prohibited by statute or court order. It underpins duties in NDAs, employment and trade secrets protection, and is enforced through the common law of breach of confidence, typically by injunctions and damages. For local authorities in England and Wales, section 100A(3) of the Local Government Act 1972 defines confidential information for council meetings and papers as: information supplied by a government department on terms forbidding public disclosure; and information whose public disclosure is prohibited by...

Privilege and confidentiality after solicitor-client retainer ends: ownership, limited waiver, wasted costs, fee disputes, and restraining former solicitors from acting (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers privilege and confidential information where the client–solicitor relationship has ended. It explores who holds privilege in general and in later litigation, and whether a former client can restrain their previous solicitor from acting for another party on the basis of privilege or breach of confidence.

Who does privilege belong to in any subsequent litigation?

Legal professional privilege belongs to the client—see further: Privilege—general principles—Who does privilege belong to? Moreover, once a communication is privileged, it will usually remain so—see further: Privilege—general principles—How long does privilege last? This was illustrated in Kousouros v O’Halloran, where it was decided that a party retained legal advice privilege over a document disclosed to an opponent by a former solicitor, even after the retainer had concluded. The underlying dispute involved a brother and sister who were each given equal shares in their father’s estate under his will. Initially, the solicitor was instructed solely by the sister to recover her share of the estate. In due course, however, the solicitor was appointed to...

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Web page updated on 21/05/2026

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