EMW Law LLP v Halborg

EMW Law LLP v Halborg

The without prejudice rule does not entitle Mr Halborg to withhold Class A Documents from EMW due to exceptions for disputes about settlement and reasonableness of conduct; Class B Documents are relevant and must be disclosed. Legal professional privilege was not waived regarding Class C and D Documents, so disclosure of those is not required.

Parties
Claimant: EMW Law LLP; Defendant: Mr Scott Halborg
Jurisdiction
England and Wales
Judgment Date
04 May 2017
Procedural Posture
Civil Appeal / Judgment on Appeal Against Disclosure Order
Outcome
Appeal dismissed in part and allowed in part.
Legal Topics
Without Prejudice Rule, Disclosure, Solicitor Agent Relationship, Conditional Fee Agreements
Civil Procedure Contract Law Legal Professional Privilege Without Prejudice Rule Disclosure Solicitor Agent Relationship Conditional Fee Agreements

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Parties

EMW Law LLP

Claimant

Mr Scott Halborg

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Disclosure Order

Legal Issues

  1. 1 Applicability of the without prejudice rule to disclosure of documents between solicitor, agent, and third parties
  2. 2 Relevance of various classes of documents to breach of contract claim
  3. 3 Waiver of legal professional privilege in solicitor-agent context

Ratio Decidendi

The without prejudice rule does not entitle Mr Halborg to withhold Class A Documents from EMW due to exceptions for disputes about settlement and reasonableness of conduct; Class B Documents are relevant and must be disclosed. Legal professional privilege was not waived regarding Class C and D Documents, so disclosure of those is not required.

Court Disposition

Appeal dismissed in part and allowed in part.

Orders

  • Mr Halborg must disclose Class A and B Documents to EMW.
  • Appeal allowed regarding Class C and D Documents; disclosure not required.