Legal Professional Privilege in England and Wales - General Requirements For Privilege

General Requirements For Privilege

To be regarded as privileged, the communications must be confidential. Communications between a client and his solicitor which the client instructed his solicitor to repeat to the other party are not privileged, because such communications are not confidential. It is necessary that the solicitor or barrister be consulted professionally and not in any other capacity.

Privilege does not extend to facts communicated by the solicitor to the client which cannot be the subject of a confidential communication, even though such facts have a relation to the client's case.

Read more about this topic:  Legal Professional Privilege In England And Wales

Famous quotes containing the words general and/or privilege:

    Private property is held sacred in all good governments, and particularly in our own. Yet shall the fear of invading it prevent a general from marching his army over a cornfield or burning a house which protects the enemy? A thousand other instances might be cited to show that laws must sometimes be silent when necessity speaks.
    Andrew Jackson (1767–1845)

    There is the falsely mystical view of art that assumes a kind of supernatural inspiration, a possession by universal forces unrelated to questions of power and privilege or the artist’s relation to bread and blood. In this view, the channel of art can only become clogged and misdirected by the artist’s concern with merely temporary and local disturbances. The song is higher than the struggle.
    Adrienne Rich (b. 1929)