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.