Holyoake & Anor v Candy & Ors [2017] EWHC 387 (Ch) (27 February 2017)

Holyoake & Anor v Candy & Ors [2017] EWHC 387 (Ch) (27 February 2017)

The scope of collateral waiver is limited to the specific transaction or communication in which privilege is expressly waived. In this case, the waiver applied only to the emails of 29 March and 15-16 April 2012 (including email number 5), and not to all other privileged communications on the same topic or subsequent communications. Fairness does not require broader disclosure beyond the specific transaction in which privilege was waived.

Citation
[2017] EWHC 387 (Ch)
Parties
Claimant: Mark Alan Holyoake; Claimant: Hotblack Holdings Limited; Defendant: Nicholas Anthony Christopher Candy; Defendant: Christian Peter Candy; Defendant: Richard Steven Williams; Defendant: Steven Miles Smith; Defendant: Timothy James Dean; Defendant: CPC Group Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2017
Procedural Posture
Civil / Interlocutory Application During Trial
Outcome
Application dismissed except for limited disclosure as indicated.
Legal Topics
Legal Professional Privilege, Collateral Waiver, Disclosure of Documents, Waiver of Privilege, Civil Evidence Act 1995 S.6(2)(b)
Civil Procedure Legal Professional Privilege Collateral Waiver Disclosure of Documents Waiver of Privilege Civil Evidence Act 1995 S.6(2)(b)

Case Brief

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Parties

Mark Alan Holyoake

Claimant

Hotblack Holdings Limited

Claimant

Nicholas Anthony Christopher Candy

Defendant

Christian Peter Candy

Defendant

Richard Steven Williams

Defendant

Steven Miles Smith

Defendant

Timothy James Dean

Defendant

CPC Group Limited

Defendant

Procedural Posture

Civil / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether the claimants' waiver of privilege in certain emails to their lawyers required collateral waiver of further privileged communications on the same topic
  2. 2 Scope of collateral waiver following express waiver of privilege in specific documents

Ratio Decidendi

The scope of collateral waiver is limited to the specific transaction or communication in which privilege is expressly waived. In this case, the waiver applied only to the emails of 29 March and 15-16 April 2012 (including email number 5), and not to all other privileged communications on the same topic or subsequent communications. Fairness does not require broader disclosure beyond the specific transaction in which privilege was waived.

Court Disposition

Application dismissed except for limited disclosure as indicated.

Orders

  • Claimants to disclose the Collyer Bristow file note and referenced email incorporated by reference in the disclosed emails, if not already disclosed.
  • Application for further disclosure of other privileged communications (classes 2, 3, and 4) dismissed.