Alan Edwards & Co Solicitors v TWM Solicitors LLP

Alan Edwards & Co Solicitors v TWM Solicitors LLP

Privilege in the TWM file was waived in August 2016 when ELS' liquidator, Ms Palmer, authorised the handover of the file to PHB for the purposes of Ms Galloway's claim, without any reservation as to privilege. The privilege was not retained and the subsequent disclosure under the Tomlin orders was not subject to ELS' privilege.

Parties
Claimant: Alan Edwards & Co Solicitors; Defendant: TWM Solicitors LLP
Jurisdiction
England and Wales
Judgment Date
03 February 2021
Procedural Posture
Civil / Interlocutory Application – Determination of Waiver of Privilege
Outcome
Privilege in the TWM file has been waived; the file is not subject to ELS' privilege.
Legal Topics
Waiver of Privilege, Disclosure of Documents, Authority of Liquidators
Civil Procedure Legal Professional Privilege Waiver of Privilege Disclosure of Documents Authority of Liquidators

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Parties

Alan Edwards & Co Solicitors

Claimant

TWM Solicitors LLP

Defendant

Procedural Posture

Civil / Interlocutory Application – Determination of Waiver of Privilege

Legal Issues

  1. 1 Whether legal professional privilege in the TWM file belonging to ELS has been waived
  2. 2 Who had authority to waive ELS' privilege after liquidation

Ratio Decidendi

Privilege in the TWM file was waived in August 2016 when ELS' liquidator, Ms Palmer, authorised the handover of the file to PHB for the purposes of Ms Galloway's claim, without any reservation as to privilege. The privilege was not retained and the subsequent disclosure under the Tomlin orders was not subject to ELS' privilege.

Court Disposition

Privilege in the TWM file has been waived; the file is not subject to ELS' privilege.