EMW Law LLP v Halborg [2017] EWHC 1014 (Ch) (04 May 2017)

Exceptions to the without prejudice rule apply, permitting disclosure of Class A and B Documents; legal professional privilege was not waived, so Class C and D Documents are protected from disclosure.

Citation: [2017] EWHC 1014 (Ch)
Parties: Respondent/claimant: EMW Law LLP; Appellant/defendant: Mr Scott Halborg
Jurisdiction: England and Wales
Judgment Date: 04 May 2017
Procedural Posture: Appeal / Judgment on Appeal Against Disclosure Order
Outcome: Appeal dismissed in respect of Class A and B Documents; appeal allowed in respect of Class C and D Documents.
Legal Topics: Without Prejudice Rule, Disclosure, Legal Professional Privilege, Conditional Fee Agreements, Solicitor Agent Relationship

Civil Procedure Legal Professional Privilege Without Prejudice Rule Disclosure Conditional Fee Agreements Solicitor Agent Relationship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 7

Parties

EMW Law LLP

Respondent/claimant

Mr Scott Halborg

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal Against Disclosure Order

Legal Issues

1 Applicability of the without prejudice rule to disclosure of documents
2 Relevance of documents sought for disclosure
3 Waiver of legal professional privilege in solicitor-agent context

Ratio Decidendi

Court Disposition

Appeal dismissed in respect of Class A and B Documents; appeal allowed in respect of Class C and D Documents.

Orders

Mr Halborg must disclose Class A and B Documents to EMW Law LLP.
Mr Halborg is not required to disclose Class C and D Documents.