Privilege and disclosure

Recorded on: 15/03/2022

It is striking how often judges have to rule on questions of privilege, but that reflects how the law is far from straightforward. In one case last autumn, counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number, in a bid to be helpful, and in doing so waived privilege, the High Court ruled. Just a few weeks ago, the court refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it said deliberately provided no assets for the wife to pay the money she owes it. More broadly, the enquiry into the Post Office scandal is wrestling with concerns about privilege and the withholding of documents.

This webinar will consider core issues and recent developments. The agenda includes:

  • Advice privilege
  • Litigation privilege
  • Waiver, be it intentional or accidental
  • Without prejudice exchanges
  • Fraud
  • Witness statements


Members:  £115.00

Non members:  £159.00

Sole practitioner:  £80.00

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01904 653 550
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