Expandable Ltd and Another v Rubin: CA 11 Feb 2008

The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure.
Held: The appeal failed. The letter was protected by legal professional privilege, and its mention in a statement did not automatically amount to waiver of that privilege. The rules referred to a document being ‘mentioned’. That was quite general, and did not have to have been written in any particular way or for any purpose to count as mentioned. A litigant has a right to inspect any document mentioned in a witness statement (i.e. one to which there has been a direct allusion or specific reference).
Rix, Jacob LJJ, Forbes J
[2008] EWCA Civ 59, Times 10-Mar-2008, [2008] NPC 16, [2008] BPIR 314, [2008] 1 WLR 1099, [2008] CP Rep 22
Bailii
Civil Procedure Rules 831
England and Wales
Citing:
Appeal fromExpandable Ltd and others v Rubin ChD 24-Jul-2007
The claimants sought disclosure of a letter written by the defendant’s solicitor to his client, saying that it had been referred to in a statement.
Held: They were not entitled to the letter. It was protected by legal privilege, and the . .
CitedDubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
CitedButtes Gas and Oil Co v Hammer (No 3) CA 1981
The mere reference to a document in the pleadings was not an automatic waiver of any legal professional privilege. . .
CitedDubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .

Cited by:
CitedBrennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .
CitedNaschie v Macmillan Publishers Ltd (T/A Nature Publishing Group) and Another QBD 10-Jun-2011
The defendants sought directions to restrict the issues in the forthcoming defamation action.
Held: Orders were considered and made accordingly. . .

These lists may be incomplete.
Updated: 11 May 2021; Ref: scu.264414