Source: All England Reporter
Publisher Citation: [2011] All ER (D) 61 (Oct)
Neutral Citation: [2011] EWCA Civ 1089
Court: Court of Appeal, Civil Division

Lord Neuberger MR, Moses and Aikens LJJ

Representation Richard Gillis QC and Paul Casey (instructed by Addleshaw Goddard LLP) for the claimant.
  William Henderson (instructed by Hogan Lovells International LLP) for the Family Defendants.
Judgment Dates: 7 October 2011


Privilege - Legal professional privilege - Documents - Claimant's solicitors transmitting draft witness statements to defendants' solicitor for purposes of defendant's asylum claim and claimant's commercial action against third party - Claimant commencing proceedings in Chancery Division against defendants - Court ordering preliminary issues in Commercial and Chancery actions be heard together - Questions arising as to whether defendants being able to use draft statements in preliminary issues hearing - Court holding privilege lost to extent that defendant able to use documents - Whether judge erring.

The Case

Privilege Legal professional privilege. The Court of Appeal, Civil Division, allowed an appeal against a finding that the circumstances in which draft witness statements had been transmitted to the defendants' solicitors was not such as to preserve the claimant's privilege to the extent of enabling him to prevent their being deployed by the defendant in defending separate proceedings brought by the claimant.

Practice Areas

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