NLJ this week: Privilege for whom, and when?

The case raised issues as to ‘whether litigation privilege can apply to communications between a lawyer and client, despite the fact that legal advice privilege also applies in such circumstances’, they write.

Novak and Brammer note that ‘this case provides a stark reminder that, while the identity of instructing individuals may be privileged in some circumstances, those situations are likely to be rare. Efforts to argue for a broader application of litigation privilege—on the basis that the identity of those providing instructions should always be protected as falling within a ‘zone of privacy’—has been firmly rejected’.