Hammond (a firm) v Pro-Fit USA Ltd

Hammond (a firm) v Pro-Fit USA Ltd

The application for disclosure of communications between Hammonds and Tag-It fails because the circumstances are not sufficiently exceptional to justify disclosure in administration proceedings, and the documents are protected by legal professional privilege, with no strong prima facie case of iniquity or waiver established.

Parties
Claimant: HAMMOND (A FIRM); Defendant: PRO-FIT USA LIMITED
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Administration Application / Interlocutory Applications for Disclosure and Costs
Outcome
Application for disclosure refused; costs awarded to Hammonds; interim payment ordered.
Legal Topics
Administration Order, Disclosure, Legal Professional Privilege, Costs, Waiver of Privilege, Iniquity Exception
Insolvency Civil Procedure Administration Order Disclosure Legal Professional Privilege Costs Waiver of Privilege Iniquity Exception

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Parties

HAMMOND (A FIRM)

Claimant

PRO-FIT USA LIMITED

Defendant

Procedural Posture

Administration Application / Interlocutory Applications for Disclosure and Costs

Legal Issues

  1. 1 Whether disclosure of communications between Hammonds and Tag-It should be ordered
  2. 2 Whether documents are protected by legal professional privilege
  3. 3 Whether privilege can be overridden by iniquity

Ratio Decidendi

The application for disclosure of communications between Hammonds and Tag-It fails because the circumstances are not sufficiently exceptional to justify disclosure in administration proceedings, and the documents are protected by legal professional privilege, with no strong prima facie case of iniquity or waiver established.

Court Disposition

Application for disclosure refused; costs awarded to Hammonds; interim payment ordered.

Orders

  • No order for disclosure of Tag-It communications
  • Costs of applications to be paid by Pro-fit USA to Hammonds