Privilege

Course Overview

Legal professional privilege is a fundamental principle of English law which recognises the client's fundamental human right to be candid with their legal adviser. Privilege is also a valuable tool for lawyers as it entitles the client to refuse to disclose certain confidential, legal communications to third parties including courts, tribunals, regulatory bodies and enforcement agencies.

Legal privilege applies to all UK lawyers and all employees under their supervision. Therefore this course is essential viewing for all solicitors (including in-house), legal executives, trainee solicitors and paralegals who wish to develop their understanding of how privilege operates within civil litigation.

During this course experienced practitioner and lecturer Gary Barker will provide viewers with an overview of what he considers to be the four main areas of privilege. This course will also consider the key principles and scope of privilege and the protection which it affords clients during civil proceedings.

The following forms of privilege and relevant case law will be considered:

• Legal Privilege

• Legal Advice Privilege
• R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another [2013] UKSC 1
• Akzo Nobel Chemicals & Akcros Chemicals v Commission & Others (Competition) [2010] EUECJ C-550/07
• Three Rivers District Council and Others v Governor and Company of the Bank of England [2004] UKHL 48 
• Litigation Privilege
• Common Interest Privilege
• Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] EWCA Civ 79
• Unilever plc v The Proctor & Gamble Co [1999] EWCA Civ 3027
• Ofulue v Bossert [2009] UKHL 16

• Self Incrimination

• Public Interest Immunity

• Durham County Council v Dunn [2012] EWCA Civ 1654
• A (A Child), Re [2012] UKSC 60

• Without Prejudice Privilege