Matthews v Voisin & Co. [2001] JLR 595 (23 October 2001)

Matthews v Voisin & Co. [2001] JLR 595 (23 October 2001)

Advocate receiving privileged documents in error must notify the opponent before using them; if the opponent objects, the court must decide and all action on the documents is suspended.

Citation
[2001] JLR 595
Parties
Applicant: Matthews; Respondent: Voisin & Co.
Jurisdiction
Jersey
Judgment Date
23 October 2001
Procedural Posture
Civil / Interlocutory
Outcome
guidance issued
Legal Topics
Privileged Communications, Advocates' Duties, Mistaken Disclosure
Professional Privilege Privileged Communications Advocates' Duties Mistaken Disclosure

Case Brief

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Parties

Matthews

Applicant

Voisin & Co.

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether privileged documents sent to the other side in error can be used by the recipient advocate

Ratio Decidendi

Advocate receiving privileged documents in error must notify the opponent before using them; if the opponent objects, the court must decide and all action on the documents is suspended.

Court Disposition

guidance issued

Orders

  • Recipient advocate to inform opponent of proposed use of privileged documents; if objection, matter referred to court and all further action frozen