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First published in 2012, our "Handy client guide to privilege" comprises a decision tree, which is intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege under English law, and practical tips for maintaining privilege.
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First published in 2012, our "Handy client guide to privilege" comprises a decision tree, which is intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege under English law, and practical tips for maintaining privilege. It links to brief notes explaining each of the steps in the decision tree, together with more detailed information on the associated web pages. The guide is also available as an interactive web app.
The guide has now been fully updated to reflect recent case law, including most notably the High Court's decision in Aabar v Glencore [2026] EWHC 877 (Comm) which held that legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications (see our blog post here). The practical tips have also been updated to include a section on using AI.
Click on the image below to access the guide.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
