Confidentiality & Privilege

What is confidential?

Information that is personal or commercial to an individual or organisation and not a matter of public knowledge is likely to have the quality of confidence.   An obligation of confidence will be imposed on the recipient of such information if that person knew or ought to have known that it was confidential.

An obligation to keep information confidential can be imposed by contract or implied because of a special relationship.  Such a relationship exists between the solicitor and client.  A solicitor must not disclose a client’s affairs or their existence to a third party.

Confidentiality can be waived with the express or implied agreement of the client or otherwise by the Court, when there is a duty to the public, or to defend the solicitor’s own interests.

What is privilege?

Privilege is the right of a person or organisation to withhold disclosure of confidential information from the Court or a third party.

Privilege applies to confidential communications between either a solicitor and client, where the main purpose is to give legal advice, or a solicitor, client and third party, where the main purpose is for litigation.  Communications made in a genuine attempt to settle a dispute are also privileged.

Privilege can be waived with the express or implied agreement of the client or may be lost where a communication ceases to be confidential or its purpose is criminal or fraudulent.

Simon Ingham qualified as a solicitor in Scotland and now practises in England.

If you have a dispute in England & Wales that relates to:

• a will, the administration of an estate, or inheritance, please e-mail: NewEnquiries-ContentiousProbate@chadlaw.co.uk ; or,

• land or property, please e-mail: NewEnquiries-PropLit@chadlaw.co.uk.

Alternatively, if you need advice about a dispute please contact us by phone on 0800 015 0340 or e-mail NewEnquiries-Litigation@chadlaw.co.uk.