Expandable Ltd & Anor v Rubin

Expandable Ltd & Anor v Rubin

The covering letter was 'mentioned' in the witness statement within the meaning of CPR 31.14, but such mention does not result in an automatic and absolute waiver of privilege. CPR 31.19 preserves the right to claim privilege, and the rules do not expressly or by necessary implication abrogate privilege by mere mention of a document.

Parties
Appellant: Expandable Limited; Appellant: Prime Trust Corporation Limited; Respondent: David Rubin
Jurisdiction
England and Wales
Judgment Date
11 February 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Legal Professional Privilege, Waiver of Privilege, Interpretation of CPR Part 31
Civil Procedure Disclosure of Documents Legal Professional Privilege Waiver of Privilege Interpretation of CPR Part 31

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Parties

Expandable Limited

Appellant

Prime Trust Corporation Limited

Appellant

David Rubin

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

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

Ratio Decidendi

The covering letter was 'mentioned' in the witness statement within the meaning of CPR 31.14, but such mention does not result in an automatic and absolute waiver of privilege. CPR 31.19 preserves the right to claim privilege, and the rules do not expressly or by necessary implication abrogate privilege by mere mention of a document.

Court Disposition

Appeal dismissed