AG v VD

AG v VD

The applicant wife, by expressly challenging the accuracy of her divorce petition and asserting her instructions were misconstrued or not followed by her legal advisors, has waived privilege over communications relating to those instructions. Fairness requires disclosure of relevant materials so the respondent husband can test her assertions. However, disclosure is limited to materials concerning instructions about the date of separation and marital relations, not the entirety of the legal files.

Parties
Applicant Wife: AG; Respondent Husband: VD
Jurisdiction
England and Wales
Judgment Date
10 July 2020
Procedural Posture
Financial Remedy Application Under Part III Matrimonial and Family Proceedings Act 1984 / Interlocutory Application for Disclosure of Privileged Legal Files
Outcome
Application granted in part
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure, Financial Remedies, Divorce Proceedings
Family Law Civil Procedure Legal Professional Privilege Waiver of Privilege Disclosure Financial Remedies Divorce Proceedings

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Parties

AG

Applicant Wife

VD

Respondent Husband

Procedural Posture

Financial Remedy Application Under Part III Matrimonial and Family Proceedings Act 1984 / Interlocutory Application for Disclosure of Privileged Legal Files

Legal Issues

  1. 1 Whether the applicant wife has waived legal professional privilege in relation to her communications with previous legal advisors
  2. 2 Whether fairness requires disclosure of privileged material to the respondent husband

Ratio Decidendi

The applicant wife, by expressly challenging the accuracy of her divorce petition and asserting her instructions were misconstrued or not followed by her legal advisors, has waived privilege over communications relating to those instructions. Fairness requires disclosure of relevant materials so the respondent husband can test her assertions. However, disclosure is limited to materials concerning instructions about the date of separation and marital relations, not the entirety of the legal files.

Court Disposition

Application granted in part

Orders

  • The files of Legal Case Management Ltd and Sterling Lawyers Ltd shall be made available to Queen’s Counsel selected by the parties to identify and, if necessary, redact material relating to the applicant’s instructions as to the date of separation and cessation of marital relations.
  • The applicant wife shall pay the costs of the respondent husband’s summons on a standard basis, with assessment and payment timing to be determined at the next hearing.