The Evidence Act confers protection upon privileged communications only by rendering them inadmissible in any court or judicial proceedings.

A governmental regulator may legitimately require a privileged document to be provided to them, subject to its powers of seizure. Otherwise, there are no differences in how privilege operates in civil and criminal situations.

Notes of interviews with employees and documents produced or obtained during investigations in order to obtain information on a matter of expected litigation, for the purpose of submission to advocates and solicitors for advice or the conduct of litigation, are covered by privilege. However, documents which are not produced for submission to the advocates and solicitors, although obtained for the purposes of litigation, will not be covered by privilege.