AP v BP & Ors (Financial Remedies - Appeal - Disclosure - Privilege) [2023] EWFC 169 (B) (09 March 2023)

AP v BP & Ors (Financial Remedies - Appeal - Disclosure - Privilege) [2023] EWFC 169 (B) (09 March 2023)

The agreement was a commercial arrangement to settle existing litigation and facilitate future litigation, not a document created for the dominant purpose of seeking or giving legal advice or obtaining evidence for contemplated proceedings; therefore, it does not attract litigation privilege and must be disclosed.

Citation
[2023] EWFC 169 (B)
Parties
Appellant Husband: AP; Respondent Wife: BP; Intervenor: PN; Intervenor: GN
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Family Law Appeal / Appeal From Decision of District Judge on Disclosure Application in Financial Remedy Proceedings
Outcome
Appeal allowed
Legal Topics
Litigation Privilege, Disclosure, Financial Remedies, Matrimonial Causes Act 1973, Costs
Family Law Civil Procedure Litigation Privilege Disclosure Financial Remedies Matrimonial Causes Act 1973 Costs

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Parties

AP

Appellant Husband

BP

Respondent Wife

PN

Intervenor

GN

Intervenor

Procedural Posture

Family Law Appeal / Appeal From Decision of District Judge on Disclosure Application in Financial Remedy Proceedings

Legal Issues

  1. 1 Whether the share transfer agreement between the wife and intervenors is protected by litigation privilege and thus not disclosable in financial remedy proceedings
  2. 2 Whether related correspondence and stock transfer forms are privileged
  3. 3 Whether the costs order below should stand

Ratio Decidendi

The agreement was a commercial arrangement to settle existing litigation and facilitate future litigation, not a document created for the dominant purpose of seeking or giving legal advice or obtaining evidence for contemplated proceedings; therefore, it does not attract litigation privilege and must be disclosed.

Court Disposition

Appeal allowed

Orders

  • Order of the lower court set aside; agreement to be disclosed in financial remedy proceedings
  • Stock transfer forms to be disclosed