Application by a bankrupt, for an order directing that the Second Respondent should cease acting as solicitors for both the First Respondent (‘Avonwick’) and the Third Respondents, Moore Stephens LLP, his joint trustees in bankruptcy.
Held: The appication was granted. The exercise of control of privileged information was not governed by the ownership of the paper on which it was recorded. The client’s privilege was not an ‘interest’ such as would vest in the bankrupt’s trustee. Nor would it be an adequate protection of the client’s privilege merely to grant an order restraining the solicitors from acting in certain ways.
Arnold J
[2016] EWHC 1001 (Ch), [2016] WLR(D) 241, [2017] Ch 210, [2016] 3 WLR 1330, [2016] BPIR 1012
Bailii, WLRD
Insolvency Act 1986 283(1) 311(1) 486(1)
England and Wales
Citing:
Cited – Omar’s Trustees v Omar ChD 2000
A wife and mistress (D) had conspired, after the death of the husband, to remove money in bank accounts from his estate by taking the bearer shares in the company in whose name the accounts were held. The first action, in which D was legally . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Legal Professions
Updated: 01 November 2021; Ref: scu.564150