The fact that the solicitor of a trust is also a trustee does not affect the privilege attaching to confidential communications seeking or giving professional advice. In re Postlethwaite, 1887, 35 Ch. D. 722, considered and distinguished.
Where fraud is claimed to defeat such privilege a prima facie case must be established-dicta of Romer, L.-J., and Lord Davey in Bullivant v. Attorney-General for Victoria, [1900] 2 Q.B. 163, [1901] A.C. 196, considered.
The right to refuse production of documents on the ground that they relate solely to the case of the resisting party is not confined to such documents as the resisting party could put in as evidence in support of his own case.
Knight v. Waterford (Marquess of), 1836, 2 Y. and C., Ex. 22; Bey v. De la Hey, 1886, W.N. 101, distinguished. Bewicke v. Graham, 1881, 7 Q.B.D. 400, approved.
Observations on the competency of appeal against the decision of a judge who, in the course of proceedings before him for discovery, at the request of both parties has looked at certain documents to ascertain whether they should be produced. Decision of the Court of Appeal, [1919] 1 Ch. 320, affirmed (Lord Finlay dissenting with regard to one item).
Judges:
Lords Finlay, Sumner, Parmoor, and Wrenbury
Citations:
[1920] UKHL 730, 57 SLR 730
Links:
Jurisdiction:
England and Wales
Legal Professions
Updated: 17 June 2022; Ref: scu.631510