Neal v Jones (t/a Jones Motors) [2001] EWCA Civ 2000 (14 December 2001)

Neal v Jones (t/a Jones Motors) [2001] EWCA Civ 2000 (14 December 2001)

The letters of 9th May 2001 and 5th July 2001 are privileged as they contain legal advice and are not tainted by iniquity; the letter of 26th June 2001 is not privileged as it was sent to the opposing party in the partnership dispute and privilege cannot attach to such a document.

Citation
[2001] EWCA Civ 2000
Parties
Claimant/respondent: Matthew Russell Neal; Defendant/appellant: Mrs Alison Jones T/A Jones Motors
Jurisdiction
England and Wales
Judgment Date
14 December 2001
Procedural Posture
Civil Appeal / Interlocutory Application on Privilege Before Appeal Hearing
Outcome
Interlocutory application allowed in part
Legal Topics
Legal Professional Privilege, Without Prejudice Communications, Disclosure of Documents
Civil Procedure Legal Professional Privilege Without Prejudice Communications Disclosure of Documents

Case Brief

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Parties

Matthew Russell Neal

Claimant/respondent

Mrs Alison Jones T/A Jones Motors

Defendant/appellant

Procedural Posture

Civil Appeal / Interlocutory Application on Privilege Before Appeal Hearing

Legal Issues

  1. 1 Whether three specific letters are covered by legal professional privilege and thus inadmissible in the appeal

Ratio Decidendi

The letters of 9th May 2001 and 5th July 2001 are privileged as they contain legal advice and are not tainted by iniquity; the letter of 26th June 2001 is not privileged as it was sent to the opposing party in the partnership dispute and privilege cannot attach to such a document.

Court Disposition

Interlocutory application allowed in part

Orders

  • Letters of 9th May 2001 and 5th July 2001 are privileged and must not be referred to or used.
  • Letter of 26th June 2001 is not privileged and may be used.