header-logo header-logo

Home Login E-newsletter About us
27 May 2022 / Mark Solon
Issue: 7980 / Categories: Features , Profession , Expert Witness
printer mail-detail

The expert’s secret?

© Copyright LexisNexis 2026. All Rights Reserved.
82784
Legal privilege: with rights come responsibilities, as Mark Solon explains
  • A look at the two main types of legal privilege: legal advice privilege & litigation privilege.
  • Recent cases where legal privilege has been disputed.

Legal privilege is an important legal right but, as with any right, there are responsibilities. There are rules to be followed before privilege applies and not all communications between lawyers and experts will be protected to allow the communications to remain secret. The case of Kyla Shipping Co. Ltd v Freight Trading Ltd and others [2022] EWHC 376 (Comm) has some useful guidance.

There are two main types of privilege: legal advice privilege and litigation privilege, each with its own rules. Legal advice privilege, that is confidential communications between lawyers and clients for the purpose of giving or receiving legal advice, was not in dispute.

Litigation privilege protects confidential written or oral communications between lawyers, their clients and third parties—in this case an expert witness. The privilege includes documents created by or on behalf of the lawyer or client, which come into existence when litigation is in contemplation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS
Read All
Legal notice: Notice under the Trustee Act 1925

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Emergency lawyers on call as international regulatory actions soar
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
NLJ this week: Employment law’s fine margins
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
NLJ this week: Promises broken on non-molestation orders?
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
NLJ this week: Assisted dying under the legal microscope
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
Copyright © 2026 LexisNexis
back-to-top-scroll