AAZ v BBZ & Ors

AAZ v BBZ & Ors

Privilege does not attach to communications between H and S regarding the Modern Art Collection and P Ltd's assets because they lack a relevant legal context and, in any event, the fraud/iniquity exception applies due to H's deliberate steps to conceal assets and hinder enforcement, as established by findings of fact and applicable legal authority.

Parties
Applicant: AAZ; Respondent: BBZ; 2nd Respondent: C Ltd; 3rd Respondent: P Ltd; Witness: S
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Ancillary Financial Relief (divorce) / Post Trial Judgment on Privilege and Enforcement Orders
Outcome
Privilege lifted; S ordered to produce documents; applications for permission to appeal and stay refused.
Legal Topics
Legal Professional Privilege, Fraud Exception, Ancillary Relief, Asset Concealment, Enforcement of Financial Orders
Family Law Civil Procedure Trusts and Property Legal Professional Privilege Fraud Exception Ancillary Relief Asset Concealment Enforcement of Financial Orders

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Parties

AAZ

Applicant

BBZ

Respondent

C Ltd

2nd Respondent

P Ltd

3rd Respondent

S

Witness

Procedural Posture

Ancillary Financial Relief (divorce) / Post Trial Judgment on Privilege and Enforcement Orders

Legal Issues

  1. 1 Whether legal professional privilege applies to communications between H and S regarding insurance and asset transfers
  2. 2 Whether the fraud/iniquity exception justifies lifting privilege
  3. 3 Whether S must produce documents relating to Modern Art Collection and P Ltd's assets

Ratio Decidendi

Privilege does not attach to communications between H and S regarding the Modern Art Collection and P Ltd's assets because they lack a relevant legal context and, in any event, the fraud/iniquity exception applies due to H's deliberate steps to conceal assets and hinder enforcement, as established by findings of fact and applicable legal authority.

Court Disposition

Privilege lifted; S ordered to produce documents; applications for permission to appeal and stay refused.

Orders

  • S to produce documents regarding Modern Art Collection and P Ltd's portfolio assets by 20th December 2016.
  • No stay granted; enforcement to proceed immediately.