Mond v Insolvency Practitioners Association [2023] EWHC 477 (Ch) (01 December 2022)

Mond v Insolvency Practitioners Association [2023] EWHC 477 (Ch) (01 December 2022)

The law on limited waiver of privilege is developing and not clear-cut. The express limits of Mr Mond's waiver, the purpose of disclosure (vindicating Article 6 rights), and the nature of the disciplinary process provide serious arguments that privilege was maintained for the remitted hearing. The test for summary judgment is not met; the matter requires fuller argument and evidence at trial.

Citation
[2023] EWHC 477 (Ch)
Parties
Claimant / Respondent: David Emanuel Merton Mond; Defendant / Applicant: Insolvency Practitioners Association
Jurisdiction
England and Wales
Judgment Date
01 December 2022
Procedural Posture
Summary Judgment Application / Application for Summary Judgment by Defendant
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Limited Waiver of Privilege, Summary Judgment, Natural Justice, Article 6 ECHR
Professional Discipline Insolvency Civil Procedure Legal Professional Privilege Limited Waiver of Privilege Summary Judgment Natural Justice Article 6 ECHR

Case Brief

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Parties

David Emanuel Merton Mond

Claimant / Respondent

Insolvency Practitioners Association

Defendant / Applicant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment by Defendant

Legal Issues

  1. 1 Whether privilege in disclosed material was maintained for the remitted disciplinary hearing
  2. 2 Whether express limited waiver of privilege can be departed from
  3. 3 Whether declarations sought by Claimant have practical utility

Ratio Decidendi

The law on limited waiver of privilege is developing and not clear-cut. The express limits of Mr Mond's waiver, the purpose of disclosure (vindicating Article 6 rights), and the nature of the disciplinary process provide serious arguments that privilege was maintained for the remitted hearing. The test for summary judgment is not met; the matter requires fuller argument and evidence at trial.

Court Disposition

Application dismissed

Orders

  • Summary judgment application by Defendant dismissed
  • Matter to proceed to final hearing