Privilege—joint and common interest privilege

Published by a ��Ƶ Dispute Resolution expert

Practice notes

In-house

Privilege—joint and common interest privilege

Published by a ��Ƶ Dispute Resolution expert

Practice notes

In-house

This Practice Note considers the concepts of joint privilege and common interest privilege, including where they are relevant, how they arise, their key features, how they operate, examples and how they can be waived.

The interest in privileged documents of more than one party

Joint or common interest privilege may arise where two or more parties claim the right to assert privilege in the same documents. The circumstances of such privilege will depend on parties’ interest in the subject matter and their relationship among other factors.

The notion of joint privilege is that parties have jointly retained legal advisers or they have joint interest in legal advice. Joint privilege may be asserted to enable a party to gain access to privileged information held by another party.

Common interest privilege may arise in respect of communications between parties sharing the same interest, even in circumstances where there is no joint privilege, for example, neighbours complaining of a nuisance that affects both equally but where only one is the claimant. It allows a party voluntarily to disclose

Jurisdiction(s):

United Kingdom

Key definition:

Common interest definition

What does Common interest mean?

An interest, as of adjoining users of a common wall or floor, not amounting to a right of property, but entitling the party interested to a say in the use of the common item.

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