As a party in court proceedings in New Zealand, you may need to disclose confidential information during the process. However, there are rules in place to ensure that you do not need to disclose certain \u2018privileged\u2019 communications. The primary types of legal privilege that you can rely on in the context of commercial litigation are: <\/p>\n\n\n\n
This article will discuss each of these concepts and the concept of privilege in general.<\/p>\n\n\n\n
If you are involved in a court case<\/a>, you must submit factual evidence to the court to support your arguments. This evidence can be in the form of documents or witness testimony. Both parties will be able to access and consider each other\u2019s evidence. In addition, you can actively seek more information about your opponent\u2019s evidence. <\/p>\n\n\n\n For example, you can:<\/p>\n <\/p>\n <\/p>\n<\/div>\n\n\n\n These procedures ensure that the court will consider as much relevant information as possible before it makes a decision about the case. In effect, however, you may have to disclose commercially sensitive or confidential information during the course of the litigation. An exception is if certain information is privileged.<\/p>\n\n\n\n The law protects certain categories of information under the doctrine of legal privilege. Accordingly, you do not need to disclose it to the court or the other party (unless you waive the privilege). In the context of commercial litigation, there are three main types of privilege to be aware of: <\/p>\n\n\n\n Client-lawyer privilege, or legal professional privilege, protects communications between a client and their legal adviser if the communication were:<\/p>\n\n\n\n This rule exists to enable individuals and businesses to obtain confidential advice about their legal position, options and strategy without the risk of that advice:<\/p>\n\n\n\n Litigation privilege is broader than client-lawyer privilege. It protects all information and communications made or received in the context of preparing for litigation. Litigation privilege includes any communications before the litigation actually commences, provided that you made them in anticipation of litigation. It extends to communications with third parties, such as expert witnesses.<\/p>\n\n\n\n Settlement privilege extends to communications made in an attempt to resolve a litigated (or soon-to-be litigated) dispute by way of:<\/p>\n\n\n\n Such discussions are typically managed on a \u2018without prejudice<\/a>\u2019 basis, which means that your statements and proposals do not \u2018prejudice\u2019 your legal positions if you do not reach a settlement. In other words, the law extends privilege to these materials, and parties cannot use them as evidence in subsequent court proceedings.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
What is Legal Privilege?<\/h2>\n\n\n\n
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Client-Lawyer Privilege<\/h3>\n\n\n\n
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Litigation Privilege<\/h3>\n\n\n\n
Settlement Privilege<\/h3>\n\n\n\n
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