Holyoake & Anor v Candy & Ors

Holyoake & Anor v Candy & Ors

Waiver of privilege in specific emails by the claimants does not require disclosure of all other privileged communications on the same topic; collateral waiver is limited to the disclosed communications and any directly incorporated or closely connected documents.

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 of documents expressly incorporated by reference in the disclosed emails.
Legal Topics
Legal Professional Privilege, Collateral Waiver, Disclosure of Documents
Civil Procedure Evidence Legal Professional Privilege Collateral Waiver Disclosure of Documents

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 requires collateral waiver and further disclosure of other privileged communications on the same topic.

Ratio Decidendi

Waiver of privilege in specific emails by the claimants does not require disclosure of all other privileged communications on the same topic; collateral waiver is limited to the disclosed communications and any directly incorporated or closely connected documents.

Court Disposition

Application dismissed except for limited disclosure of documents expressly incorporated by reference in the disclosed emails.

Orders

  • Claimants to disclose file note and referenced emails incorporated by reference in the disclosed emails.
  • Application for further disclosure of other privileged communications refused.