Legal professional privilege provides protection against disclosure of documents in a broad range of circumstances, including in Court or Tribunal proceedings or following a request from a public authority absent any express exclusion in the applicable legislation. Where written or oral communications are conducted with LSO, and where advice is sought from LSO, the protection of legal professional privilege will apply, provided the communication is handled appropriately.
- Where legal advice is received its circulation or reiteration should be restricted.
- At the outset of a matter consideration should be given to the question of who will be authorised to communicate with LSO for the purpose of obtaining legal advice.
- Careful file management will help to protect privileged documents. It will sometimes be appropriate for LSO to hold certain files.
Legal advice privilege
This arises where there are communications in confidence between client and lawyer for the giving or receiving of legal advice.
It is necessary to think about who within the University will be the “client” for the purposes of communicating with LSO on any particular matter. Others may still communicate with LSO in relation to the matter but should only do so if authorised by the client.
In the absence of confidentiality there is no privilege. The circulation of legal advice should therefore be restricted.
The purpose of the communication must be for the giving or receiving of legal advice. Merely copying LSO into an email will not give that email or associated matters the protection of privilege.
Legal advice privilege will apply where the advice relates to legal rights, liability, obligations or remedies, but is also likely to extend to presentational advice in a legal context.
This applies to communications between client or lawyer and third party, or documents created by client or lawyer, where litigation is contemplated or has commenced, for the dominant purpose of obtaining advice or information in connection with the litigation or assisting in the litigation itself.
Internal discussions once litigation has commenced, or concerning contemplated litigation, will be privileged.
Litigation is contemplated if it is reasonably in prospect. Litigation covers court proceedings, tribunal proceedings, arbitrations and foreign litigation. It does not cover internal procedures.
The dominant purpose of the communication must be for use in actual or contemplated litigation or for obtaining advice from a professional lawyer about actual or contemplated litigation.
Common interest privilege
Where privileged information is voluntarily to be shared with a consortium or other party with whom there is a common interest, advice should be sought from LSO. To protect the privilege:
- the common interest should be identified explicitly;
- it should be explained to the third party that the advice/document is being provided on a confidential basis and that it is privileged.
Claims Portal - Important Information for Claimant Solicitors
The University of Oxford expects that all related notification of claims from Solicitors or Claimant Representatives will be by means of an electronic Claim Notification Form (CNF) submitted direct to its Insurer through the portal. The following information is provided to assist you in submitting public and employers liability claims directly via the portal:
Public Liability & Employers Liability insurance provider:-
Zurich Municipal Insurance
Zurich Municipal Claims
PO Box 3310
Royal Wootten Bassett
Policy No: NHE NHE-18CA04-0023
Portal Compensator ID: C00108