You are not required to disclose, nor will you be able to see, certain documents that the Court deems ‘privileged’ although relevant privileged documents must be referred to in your List of Documents. There are two categories of privilege:

Litigation privelege
Legal advice privelege

A communication is protected by litigation privilege if it is made confidentially between a lawyer and a client, a lawyer and his agent or a lawyer and a third party for the dominant purpose of conducting or assisting the conduct of actual litigation or litigation which is reasonably in prospect.

Where a document has been created in connection with obtaining or giving legal advice it will most likely be protected by legal advice privilege. This will only be so, however, where the document was created by a legal adviser or by someone with authority to instruct your legal adviser on your behalf. Privilege will usually apply to all documents created by employees of or advisors to a company, if they were created for the purpose of being passed onto the company’s lawyers in order to receive legal advice.