Tag archives: Legal professional privilege

Insurance and common interest legal professional privilege

A party may claim legal advice privilege or litigation privilege. Legal advice privilege requires that the information is legal advice, given by a legal advisor in confidence to a client and in respect of which privilege is claimed. Litigation privilege protects communication between co-litigants or their legal advisors and third parties where the communication is … Continue reading

Legal professional privilege promotes the rule of law

In a matter regarding unlawful surveillance the Constitutional Court held that the proper functioning of our legal system is reliant on the confidentiality of communications between lawyer and client. That promotes the rule of law. Although originally sourced from the common law, legal professional privilege is now supported by the Constitution. The court reaffirmed a … Continue reading

Loss adjusters’ reports may not be privileged

Loss Adjusters’ reports are only privileged where the reports are prepared in contemplation of litigation and for the purpose of seeking legal advice. But it is not every insurance claim where litigation is likely or reasonably anticipated. The sole or dominant purpose of the creation of the report need not be for the purposes of … Continue reading

Communication via brokers held not to be privileged

A US court has ruled that communications between lawyers and insurers which passed through a London broker are not privileged. This is because entrusting lawyer advices to a third party, such as a third party broker, amounts to a waiver of privilege since those communications are no longer confidential. The London brokers acted as nothing … Continue reading

Legal professional privilege is not an absolute right

In considering the scope of legal professional privilege, the following principles should be borne in mind: Legal professional privilege is a negative right to refuse to disclose any confidential information exchanged between a client and a legal adviser. The right vests in the client, not the lawyer. Where confidential information has been made available to … Continue reading