Expandable Ltd & Anor v Rubin [2008] EWCA Civ 59 (11 February 2008)

The covering letter was 'mentioned' in the respondent's witness statement within the meaning of CPR 31.14, but such mention does not result in an automatic and absolute waiver of privilege. Privilege can still be claimed under CPR 31.19, and the rules do not abrogate privilege by mere mention without express language.

Citation: [2008] EWCA Civ 59
Parties: Appellants: Expandable Limited & Prime Trust Corporation Limited; Respondent: David Rubin
Jurisdiction: England and Wales
Judgment Date: 11 February 2008
Procedural Posture: Civil Appeal / Court of Appeal Judgment on Second Appeal From Chancery Division
Outcome: Appeal dismissed
Legal Topics: Disclosure and Inspection of Documents, Legal Professional Privilege, Waiver of Privilege, Interpretation of CPR Part 31

Civil Procedure Insolvency Law Disclosure and Inspection of Documents Legal Professional Privilege Waiver of Privilege Interpretation of CPR Part 31

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Parties

Expandable Limited & Prime Trust Corporation Limited

Appellants

David Rubin

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Second Appeal From Chancery Division

Legal Issues

1 Whether a document was 'mentioned' in a witness statement for the purposes of CPR 31.14
2 Whether mention of a document in a witness statement constitutes an automatic and absolute waiver of privilege

Ratio Decidendi

Court Disposition

Appeal dismissed