(Ireland) Cave J was asked whether a witness in bankruptcy proceedings (a solicitor’s clerk) should be ordered to disclose the address of the debtor client, which had been communicated in confidence to the solicitor for the purpose of obtaining legal advice in relation to the bankruptcy proceedings. Cave J held that the witness was entitled to refuse to answer the question. He considered that the case was covered by Ex parte Campbell, which was binding on him and which ‘decides that this address was a matter of professional confidence’.
Cave J reject a submission that the bankrupt and his solicitor were engaged in doing something wrong, and concluded: ‘Here proceedings had been taken against the debtor in bankruptcy, and he might wish to be advised as to them, and, in as much as there is a perfectly legitimate subject-matter for professional advice, we are not to assume, when such exists, that the solicitor was engaged in doing something wrong. I think it is of the highest importance that a man should be able to consult his solicitor without fear, and therefore I refuse this application.’
Judges:
Cave J
Citations:
(1888) 60 LTNS 109, [1899] IR 201
Legal Professions, International
Updated: 06 May 2022; Ref: scu.471500
