Willmont & Anor v Shlosberg

Willmont & Anor v Shlosberg

Trustees may share compulsorily obtained material with liquidators where there is a real prospect of benefit to the bankrupt estate or to facilitate discovery of dishonesty or malpractice, subject to court permission; the Privileged Material Segregation Protocol provides adequate protection for privilege; no breach arises from review of disclosure material by experienced practitioners; no removal of office-holders is warranted absent actual conflict.

Parties
Applicant: Jeremy Mark Willmont; Applicant: Michael Finch; Applicant: Emma Sayers; Applicant: Webinvest Limited (in liquidation); Respondent: Mikhail Shlosberg
Jurisdiction
England and Wales
Judgment Date
09 October 2017
Procedural Posture
Insolvency Directions Application / Judgment on Applications for Directions Regarding Use of Documents and Information
Outcome
Applications granted in part
Legal Topics
Compulsory Disclosure, Legal Professional Privilege, Conflict of Interest, Use of Compelled Material, Disclosure in Litigation, Office Holder Duties
Insolvency Company Law Bankruptcy Civil Procedure Compulsory Disclosure Legal Professional Privilege Conflict of Interest Use of Compelled Material +2 more

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Parties

Jeremy Mark Willmont

Applicant

Michael Finch

Applicant

Emma Sayers

Applicant

Webinvest Limited (in liquidation)

Applicant

Mikhail Shlosberg

Respondent

Procedural Posture

Insolvency Directions Application / Judgment on Applications for Directions Regarding Use of Documents and Information

Legal Issues

  1. 1 Whether trustees and liquidators may share compulsorily obtained material
  2. 2 Proper use of disclosure documents in related proceedings
  3. 3 Protection of legal professional privilege in bankruptcy and liquidation

Ratio Decidendi

Trustees may share compulsorily obtained material with liquidators where there is a real prospect of benefit to the bankrupt estate or to facilitate discovery of dishonesty or malpractice, subject to court permission; the Privileged Material Segregation Protocol provides adequate protection for privilege; no breach arises from review of disclosure material by experienced practitioners; no removal of office-holders is warranted absent actual conflict.

Court Disposition

Applications granted in part

Orders

  • Permission granted to trustees to share compulsion material with liquidators for specified purposes
  • Ratification of prior sharing of compulsion material