Was the disclosure on confidential terms?
Did the recipient have a common interest in the subject matter?
Has "X" been disclosed to any non-client?
Litigation
privilege
Legal advice
Privileged
Not privileged
Privileged/
part privileged
At the time a document/communication (“X”) was created….
Since creation….
This decision tree has been prepared as a quick reference to help determine which documents can be withheld on grounds of privilege under English law. There are brief notes here, or you can click on the boxes to open links to more detailed information.
Click on the boxes for more detailed information