L (A Child)

L (A Child)

The appellant's reliance on privileged material in his grounds of appeal waives legal professional privilege, justifying disclosure of the solicitors' file except for irrelevant or disproportionately prejudicial material. Specific categories relating to Dr Bowskill and representation difficulties are relevant and must be disclosed.

Parties
Appellant: Mr L; Respondent/applicant: Mother of L
Jurisdiction
England and Wales
Judgment Date
22 January 2013
Procedural Posture
Civil Appeal / Interlocutory Application Before Full Appeal Hearing
Outcome
application granted
Legal Topics
Disclosure, Legal Professional Privilege, Fresh Evidence, Representation, Child Welfare
Family Law Civil Procedure Disclosure Legal Professional Privilege Fresh Evidence Representation Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr L

Appellant

Mother of L

Respondent/applicant

Procedural Posture

Civil Appeal / Interlocutory Application Before Full Appeal Hearing

Legal Issues

  1. 1 Whether legal professional privilege is waived by the appellant's grounds of appeal
  2. 2 Scope of disclosure of previous solicitors' file
  3. 3 Admissibility of Dr Bowskill's report as fresh evidence

Ratio Decidendi

The appellant's reliance on privileged material in his grounds of appeal waives legal professional privilege, justifying disclosure of the solicitors' file except for irrelevant or disproportionately prejudicial material. Specific categories relating to Dr Bowskill and representation difficulties are relevant and must be disclosed.

Court Disposition

application granted

Orders

  • Disclosure of solicitors' file in categories 1(ii), 1(iii), 1(iv), and 1(v) by 4pm on 24 January 2013
  • Additional documents for appeal bundle to be filed by 4pm on 25 January 2013