David Emanuel Merton Mond v Insolvency Practitioners Association

David Emanuel Merton Mond v Insolvency Practitioners Association

The test for summary judgment was not met because there is a serious argument that privilege in the disclosed material was maintained for the purposes of the further DC hearing, given the express limits of the waiver, the purpose of disclosure to vindicate Article 6 rights, and the lack of necessity for the privileged material in the remitted hearing. The law on limited waiver between same parties is developing and not clear-cut, requiring a final hearing.

Parties
Claimant / Respondent: David Emanuel Merton Mond; Defendant / Applicant: Insolvency Practitioners Association
Jurisdiction
England and Wales
Judgment Date
01 December 2022
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Limited Waiver, Natural Justice, Article 6 ECHR, Summary Judgment
Professional Regulation Insolvency Civil Procedure Legal Professional Privilege Limited Waiver Natural Justice Article 6 ECHR Summary Judgment

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Parties

David Emanuel Merton Mond

Claimant / Respondent

Insolvency Practitioners Association

Defendant / Applicant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether privilege in disclosed material was maintained for purposes beyond the preliminary appeal
  2. 2 Whether express limits on waiver of privilege are effective
  3. 3 Whether declarations sought have practical utility

Ratio Decidendi

The test for summary judgment was not met because there is a serious argument that privilege in the disclosed material was maintained for the purposes of the further DC hearing, given the express limits of the waiver, the purpose of disclosure to vindicate Article 6 rights, and the lack of necessity for the privileged material in the remitted hearing. The law on limited waiver between same parties is developing and not clear-cut, requiring a final hearing.

Court Disposition

Application dismissed

Orders

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