The defendants appealed an order for discovery saying it would infringe their duty of confidence to their clients. The firm had acted for the buyer, seller and lender. A fraud on the lender was alleged. The solicitors sought to rely upon the privilege without having asked the clients who owned it.
Held: The issue of fraud or impropriety had been raised sufficiently in the pleadings to justify the request for dicslosure.
Judges:
Lord Justice Simon Brown , Lord Justice Auld, Lord Justice Thorpe
Citations:
[1999] EWCA Civ 1426
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited – Regina v Central Criminal Court ex parte Francis and Francis HL 1989
The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an . .
Cited – Nationwide Building Society v Various Solicitors ChD 20-Jan-1998
Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into . .
Cited – Darlington Building Society and Abbey National Plc v O’Rourke James Scourfield and McCarthy 1990
The plaintiffs sought to amend their claim to add an assertion that the defendant solicitors’ duty of confidentiality was lost by virtue of their clients’ fraudulent intent, and the possible knowledge of the defendant solicitors of that intent. It . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Litigation Practice, Legal Professions
Updated: 09 December 2022; Ref: scu.146341