Spencer McGuinness v Kevin Mawer

Spencer McGuinness v Kevin Mawer

None of the claimant's four complaints are made out; the defendant complied with the disclosure order as privilege was waived only up to 16 March 2022, the search process was adequate, removal of emails outside scope was permissible, and absence of attendance notes or records of oral advice does not constitute breach.

Parties
Claimant: Spencer McGuinness; Defendant: Kevin Mawer
Jurisdiction
England and Wales
Judgment Date
20 January 2026
Procedural Posture
Application in Contempt Proceedings / Ruling on Application for Declaration of Breach and Order Compelling Compliance
Outcome
Application dismissed
Legal Topics
Disclosure, Legal Professional Privilege, Contempt of Court
Civil Procedure Insolvency Law Disclosure Legal Professional Privilege Contempt of Court

Case Brief

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Parties

Spencer McGuinness

Claimant

Kevin Mawer

Defendant

Procedural Posture

Application in Contempt Proceedings / Ruling on Application for Declaration of Breach and Order Compelling Compliance

Legal Issues

  1. 1 Whether the defendant breached the disclosure order of 17 July 2024
  2. 2 Whether the defendant conducted an adequate search for documents
  3. 3 Whether removal of emails from chains constituted non-compliance

Ratio Decidendi

None of the claimant's four complaints are made out; the defendant complied with the disclosure order as privilege was waived only up to 16 March 2022, the search process was adequate, removal of emails outside scope was permissible, and absence of attendance notes or records of oral advice does not constitute breach.

Court Disposition

Application dismissed