Burkle Holdings Ltd v Laing

There was no joint retainer between Mr Kelly and both Mr Laing and Burkle/Mr Watson. Mr Kelly acted for Burkle/Mr Watson, and any instructions from Mr Laing were under a separate and limited retainer. No common interest existed to require disclosure of privileged documents. Legal professional privilege applies to the documents held for Burkle/Mr Watson, and they are not disclosable to Mr Laing.

Parties: Claimant: Burkle Holdings Limited; Defendant: David Eric Laing
Jurisdiction: England and Wales
Judgment Date: 23 March 2005
Procedural Posture: Disclosure Application / Judgment on Application for Disclosure
Outcome: Application for disclosure refused
Legal Topics: Solicitor Client Privilege, Conflict of Interest, Joint and Several Retainers, Disclosure of Documents

Civil Procedure Legal Professional Privilege Solicitors' Professional Conduct Solicitor Client Privilege Conflict of Interest Joint and Several Retainers Disclosure of Documents

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Parties

Burkle Holdings Limited

Claimant

David Eric Laing

Defendant

Procedural Posture

Disclosure Application / Judgment on Application for Disclosure

Legal Issues

1 Whether documents held by solicitors are subject to legal professional privilege
2 Whether the solicitor acted for both parties under a joint retainer or under separate retainers
3 Whether there was a common interest requiring disclosure of privileged documents

Ratio Decidendi

Court Disposition

Application for disclosure refused

Orders

Disclosure of documents refused as they are subject to legal professional privilege in favour of Burkle/Mr Watson
If further argument is required on specific categories of documents, the court will hear further submissions