Expandable Ltd. & Ors v Rubin [2007] EWHC 2463 (Ch) (24 July 2007)

Expandable Ltd. & Ors v Rubin [2007] EWHC 2463 (Ch) (24 July 2007)

Privilege attaches to the solicitor's letter and has not been waived by its mention in the witness statement. CPR 31.14 does not exclude the right to assert privilege, and the letter is not technically mentioned so as to require inspection. The registrar was correct to dismiss the applications for disclosure and inspection.

Citation
[2007] EWHC 2463 (Ch)
Parties
Claimant/respondent: Expandable Limited and Others; Defendant/appellant: Rubin
Jurisdiction
England and Wales
Judgment Date
24 July 2007
Procedural Posture
Appeal / Judgment on Appeal From Registrar's Order
Outcome
Appeal dismissed; permission to appeal granted but appeal fails on merits.
Legal Topics
Disclosure and Inspection of Documents, Legal Professional Privilege, Waiver of Privilege, Insolvency Proceedings, Interpretation of Civil Procedure Rules
Civil Procedure Insolvency Disclosure and Inspection of Documents Legal Professional Privilege Waiver of Privilege Insolvency Proceedings Interpretation of Civil Procedure Rules

Case Brief

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Parties

Expandable Limited and Others

Claimant/respondent

Rubin

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Registrar's Order

Legal Issues

  1. 1 Whether a letter from a solicitor enclosing a note of an interview is subject to disclosure and inspection under CPR 31.14 or 31.12
  2. 2 Whether legal professional privilege can be asserted against inspection under CPR 31.14
  3. 3 Whether privilege was waived by reference to the letter in a witness statement

Ratio Decidendi

Privilege attaches to the solicitor's letter and has not been waived by its mention in the witness statement. CPR 31.14 does not exclude the right to assert privilege, and the letter is not technically mentioned so as to require inspection. The registrar was correct to dismiss the applications for disclosure and inspection.

Court Disposition

Appeal dismissed; permission to appeal granted but appeal fails on merits.

Orders

  • Appeal dismissed
  • Permission to appeal granted