Waple v Surrey County Council [1997] EWCA Civ 3032 (17th December, 1997)

Waple v Surrey County Council [1997] EWCA Civ 3032 (17th December, 1997)

Absolute privilege does not extend to the solicitor-to-solicitor communication in question, as it was not part of judicial or quasi-judicial proceedings nor strictly necessary for the administration of justice. The judge's order striking out the claim was therefore set aside.

Citation
[1997] EWCA Civ 3032
Parties
Plaintiff/appellant: Wendy Waple; Defendants/respondents: Surrey County Council
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out Claim
Outcome
Appeal allowed
Legal Topics
Absolute Privilege, Qualified Privilege, Strike Out Applications, Children Act 1989, Solicitor Communications, Immunity From Suit
Defamation Civil Procedure Local Government Law Family Law Absolute Privilege Qualified Privilege Strike Out Applications Children Act 1989 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wendy Waple

Plaintiff/appellant

Surrey County Council

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out Claim

Legal Issues

  1. 1 Whether absolute privilege attaches to solicitor-to-solicitor communications in the context of Children Act 1989 contribution proceedings
  2. 2 Whether the judge was correct to strike out the claim as disclosing no cause of action or as frivolous and vexatious

Ratio Decidendi

Absolute privilege does not extend to the solicitor-to-solicitor communication in question, as it was not part of judicial or quasi-judicial proceedings nor strictly necessary for the administration of justice. The judge's order striking out the claim was therefore set aside.

Court Disposition

Appeal allowed

Orders

  • Judge's order striking out the action discharged
  • Leave to appeal to the House of Lords refused