D (A Child)

D (A Child)

The mother, by the detailed contents of her witness statement, waived legal professional privilege in respect of her communications with her legal team. Fairness required disclosure of the full contemporaneous notes to avoid a partial and potentially misleading picture and to allow proper cross-examination. The judge’s order for disclosure was correct and the appeal was dismissed.

Parties
Subject Child: D (A Child); Appellant: Mother; Respondent: Father; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
14 June 2011
Procedural Posture
Appeal (care Proceedings) / Appeal From Fact Finding/interlocutory Order
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure, Care Proceedings, Children Act Proceedings
Family Law Child Protection Evidence Legal Professional Privilege Waiver of Privilege Disclosure Care Proceedings Children Act Proceedings

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Parties

D (A Child)

Subject Child

Mother

Appellant

Father

Respondent

Guardian

Guardian

Procedural Posture

Appeal (care Proceedings) / Appeal From Fact Finding/interlocutory Order

Legal Issues

  1. 1 Whether the mother waived legal professional privilege by the contents of her witness statement
  2. 2 Whether fairness required disclosure of solicitor and counsel's notes following the waiver

Ratio Decidendi

The mother, by the detailed contents of her witness statement, waived legal professional privilege in respect of her communications with her legal team. Fairness required disclosure of the full contemporaneous notes to avoid a partial and potentially misleading picture and to allow proper cross-examination. The judge’s order for disclosure was correct and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Mother to serve all contemporaneous notes made by counsel during conferences with her and all contemporaneous notes made by her solicitor during meetings from 21 January 2011 to 23 February 2011, including any notes made by her solicitor during conferences with counsel.