C v C

C v C

Privilege attaches to the relevant parts of the conveyancing file as the communications occurred in a relevant legal context for the purpose of legal advice. The wife failed to provide sufficiently clear, definite, and compelling evidence of fraud or conduct caught by section 37 of the Matrimonial Causes Act 1973 to...

Source-derived case information.

Parties
Petitioner: C; Respondent: C; Respondent: Liechtenstein anstalt; Respondent: Messrs X
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Ancillary Relief Proceedings / Interlocutory Application Regarding Legal Professional Privilege
Outcome
Application to set aside privilege dismissed
Legal Topics
Legal Professional Privilege, Fraud Exception, Disclosure of Documents, Ancillary Relief, Freezing Injunction
Family Law Property Law Civil Procedure Legal Professional Privilege Fraud Exception Disclosure of Documents Ancillary Relief Freezing Injunction

Source-derived case record

Summary, issues, holding and outcome

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Parties

C

Petitioner

C

Respondent

Liechtenstein anstalt

Respondent

Messrs X

Respondent

Procedural Posture

Ancillary Relief Proceedings / Interlocutory Application Regarding Legal Professional Privilege

Legal Issues

  1. 1 Whether legal professional privilege attaches to communications between the anstalt and its solicitors in a conveyancing transaction
  2. 2 Whether the privilege can be set aside under the 'fraud' exception

Ratio Decidendi

Privilege attaches to the relevant parts of the conveyancing file as the communications occurred in a relevant legal context for the purpose of legal advice. The wife failed to provide sufficiently clear, definite, and compelling evidence of fraud or conduct caught by section 37 of the Matrimonial Causes Act 1973 to justify setting aside privilege under the fraud exception.

Court Disposition

Application to set aside privilege dismissed

Orders

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