C v C [2006] EWHC 336 (Fam) (28 February 2006)

C v C [2006] EWHC 336 (Fam) (28 February 2006)

Legal professional privilege attaches to the relevant parts of the conveyancing file as the solicitor was acting in a legal context for the anstalt; the wife failed to provide sufficiently clear, definite, and evidenced allegations to invoke the fraud exception and thus could not override privilege.

Citation
[2006] EWHC 336 (Fam)
Parties
Petitioner: C (Wife); Respondent: C (Husband); Respondent: Liechtenstein Anstalt; Other: Messrs X
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Ancillary Relief (family) / Interlocutory Application Regarding Legal Professional Privilege
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Ancillary Relief, Fraud Exception to Privilege, Disclosure of Documents, Freezing Injunctions
Family Law Civil Procedure Legal Professional Privilege Ancillary Relief Fraud Exception to Privilege Disclosure of Documents Freezing Injunctions

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Parties

C (Wife)

Petitioner

C (Husband)

Respondent

Liechtenstein Anstalt

Respondent

Messrs X

Other

Procedural Posture

Ancillary Relief (family) / Interlocutory Application Regarding Legal Professional Privilege

Legal Issues

  1. 1 Whether legal professional privilege attaches to a solicitor's conveyancing file in a matrimonial ancillary relief context
  2. 2 Whether the 'fraud' exception to privilege applies to require disclosure of the file

Ratio Decidendi

Legal professional privilege attaches to the relevant parts of the conveyancing file as the solicitor was acting in a legal context for the anstalt; the wife failed to provide sufficiently clear, definite, and evidenced allegations to invoke the fraud exception and thus could not override privilege.

Court Disposition

Application dismissed

Orders

  • The anstalt's claim to privilege over the relevant parts of the conveyancing file is upheld.
  • The wife's application to go behind privilege on the ground of fraud is refused.