In the cut and thrust world of construction adjudications – where parties try hard to seek any kind of tactical advantage in the limited timeframe available – gaining access to confidential communications (which can include details about perceived weaknesses in a party’s case or its strategy) could be the difference between winning and losing.

Requests for disclosure during adjudications are on the rise. These can be refused if the communication is protected by privilege. Adrian Bell’s SCL prize winning paper considers the applicability in the context of adjudications of the three most common forms of privilege (legal advice privilege, litigation privilege and without prejudice privilege).