AP v BP & Ors (financial remedies - appeal - disclosure - privilege)

AP v BP & Ors (financial remedies - appeal - disclosure - privilege)

The agreement was a commercial document intended to settle the [Company X] litigation and effect a share transfer, not for the dominant purpose of seeking or giving legal advice or obtaining evidence for contemplated litigation. The judge below failed to apply the correct legal test and did not sufficiently scrutinise the evidence. Therefore, the agreement does not attract litigation privilege and must be disclosed.

Parties
Appellant Husband: AP; Respondent Wife: BP; Intervenor: PN; Intervenor: GN
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Litigation Privilege, Disclosure, Financial Remedies, Matrimonial Property, Costs
Family Law Civil Procedure Litigation Privilege Disclosure Financial Remedies Matrimonial Property Costs

Case Brief

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Parties

AP

Appellant Husband

BP

Respondent Wife

PN

Intervenor

GN

Intervenor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the share transfer agreement attracts litigation privilege
  2. 2 Whether related correspondence and stock transfer forms are privileged
  3. 3 Whether the lower court's order on disclosure and costs was correct

Ratio Decidendi

The agreement was a commercial document intended to settle the [Company X] litigation and effect a share transfer, not for the dominant purpose of seeking or giving legal advice or obtaining evidence for contemplated litigation. The judge below failed to apply the correct legal test and did not sufficiently scrutinise the evidence. Therefore, the agreement does not attract litigation privilege and must be disclosed.

Court Disposition

appeal allowed

Orders

  • Order of the lower court set aside
  • Agreement to be disclosed into the financial remedies proceedings