Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

04 DEC 2013

Disclosure: privilege, confidentiality and public interest immunity: Part 2: legal professional privilege in family proceedings

David Burrows - Practice of Family Law: Evidence and Procedure

David Burrows

This article continues the series on disclosure and privilege in family proceedings by looking at legal professional privilege (LPP), that is the right of a party to withhold otherwise relevant information from other parties and from the court. It looks at the distinction between legal advice privilege and litigation privilege and the different role of each in family proceedings. LPP is a right which cannot be overridden; though it may be waived or waived conditionally (mediators beware). Legal advice privilege applies in all family proceedings; but litigation privilege does not apply in care proceedings. Privilege may be overridden in only very narrow circumstances as defined in W v Egdell.

Mediators need to be wary of the extent to which LP applies and whether it has been permanently, or only conditionally, waived; and they need to be wary of the very limited circumstances in which they may pass on information to third parties (ie breach confidentiality) whether in respect of a party to proceedings or a child.

The full version of this article appears in the December 2013 issue of Family Law.





Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Subscribe to our newsletters