Barrowfen Properties v Patel & Ors

Barrowfen Properties v Patel & Ors

The court found Barrowfen established a very strong prima facie case that Girish committed acts of fraud, forgery, and sharp practice in breach of statutory duties as director, engaging the iniquity exception to legal professional privilege. The joint retainer rule also entitled Barrowfen to disclosure. The Defendants must disclose all relevant privileged documents created for the purposes of legal advice by S&B to Girish or Barrowfen II in relation to the five claims.

Parties
Claimant: Barrowfen Properties Ltd; First Defendant: Girish Dahyabhai Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
24 September 2020
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application granted
Legal Topics
Directors' Duties, Legal Professional Privilege, Iniquity Exception, Disclosure, Fraud, Forgery, Administration, Shareholder Disputes
Company Law Civil Procedure Legal Professional Privilege Directors' Duties Iniquity Exception Disclosure Fraud Forgery +2 more

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Parties

Barrowfen Properties Ltd

Claimant

Girish Dahyabhai Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the iniquity exception to legal professional privilege applies to documents withheld by the Defendants
  2. 2 Whether Barrowfen is entitled to disclosure of privileged documents under a joint retainer
  3. 3 Whether Girish breached statutory duties as director by acts of fraud, forgery, and sharp practice

Ratio Decidendi

The court found Barrowfen established a very strong prima facie case that Girish committed acts of fraud, forgery, and sharp practice in breach of statutory duties as director, engaging the iniquity exception to legal professional privilege. The joint retainer rule also entitled Barrowfen to disclosure. The Defendants must disclose all relevant privileged documents created for the purposes of legal advice by S&B to Girish or Barrowfen II in relation to the five claims.

Court Disposition

Application granted

Orders

  • Defendants to give disclosure to Barrowfen of all matter files or documents created for the purposes of giving or receiving legal advice or containing legal advice provided by S&B to Girish or Barrowfen II in relation to the five claims
  • If S&B redact individual documents, they must provide an explanation for the redaction under PD51U, paragraph 16.2