Where insurers and insured jointly retain solicitors and a barrister, and can therefore each claim joint retainer privilege (‘JRP’) in the documents created, if the insured assigns its professional negligence claims against the solicitors and barrister to X, is X (as the insured’s successor in title) entitled to disclosure of the files covered by JRP, or does the insurer have the right to claim privilege against the successor in title, thereby preventing X from accessing the documents? The answer would, on the face of it, appear to be plainly in favour of disclosure to X. However, in this case, the issue has become mired in a certain amount of factual complexity and a good deal of suspicion and bitterness between the parties, the consequence of group litigation gone wrong and large amounts of costs which have not been recovered.
[2021] EWCA Civ 978
Bailii
England and Wales
Updated: 14 July 2021; Ref: scu.663571