Addlesee & Ors v Dentons Europe LLP

Addlesee & Ors v Dentons Europe LLP

Legal professional privilege over the documents of a dissolved company must be maintained unless and until there is no prospect of the privilege being enforced by the person entitled to it, including the possibility of the company being restored to the register. The privilege is not lost merely because the company is dissolved and the Crown as bona vacantia does not assert it.

Parties
Claimants: Lee Victor Addlesee and others; Defendant: Dentons Europe LLP
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Civil / Interlocutory Application (privilege/disclosure)
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege After Company Dissolution, Bona Vacantia, Disclosure Obligations of Solicitors, Restoration of Dissolved Companies
Civil Procedure Company Law Legal Professional Privilege Legal Professional Privilege After Company Dissolution Bona Vacantia Disclosure Obligations of Solicitors Restoration of Dissolved Companies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lee Victor Addlesee and others

Claimants

Dentons Europe LLP

Defendant

Procedural Posture

Civil / Interlocutory Application (privilege/disclosure)

Legal Issues

  1. 1 Does legal professional privilege over a dissolved company's documents survive dissolution?
  2. 2 Does privilege vest in the Crown as bona vacantia?
  3. 3 Should privilege be maintained if the company could be restored to the register?

Ratio Decidendi

Legal professional privilege over the documents of a dissolved company must be maintained unless and until there is no prospect of the privilege being enforced by the person entitled to it, including the possibility of the company being restored to the register. The privilege is not lost merely because the company is dissolved and the Crown as bona vacantia does not assert it.

Court Disposition

Application dismissed

Orders

  • The claimants' application for a declaration that the documents are not protected by legal professional privilege is dismissed.
  • No order for disclosure or inspection without regard to privilege.