Is there a Qualified Privilege at Common Law for Non-Traditional Classes of Confidential Communication? Maybe


By Barbara Cotton

Until fairly recently, the common law has established a rather rigid set of classifications of communications which will ordinarily attract a privilege and, in order to be excluded from evidence, confidential communications usually have to fall within these established classes. The classes of communications traditionally recognized by the common law as privileged are communications between a solicitor and client and between a husband and wife, without-prejudice communications for the purpose of settlement and communications dealing with matters of national security or other interests of state. There is no general privilege protecting communications given in confidence.

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