Cunningham -v- Cunningham [2010] JRC 074 (13 April 2010)

Cunningham -v- Cunningham [2010] JRC 074 (13 April 2010)

The court has no jurisdiction to order a party to waive legal professional privilege; only the client (here, Meridian as trustee) can do so. The appropriate route is for the plaintiff to apply under Article 51(3) of the Trusts (Jersey) Law 1984 for directions to the trustee regarding waiver of privilege.

Citation
[2010] JRC 074
Parties
Plaintiff: Plaintiff; Defendant: First Defendant; Third Defendant: CI Law; Second Defendant: Sovereign International; Cited Party/trustee: Meridian; Proposed Witness/solicitor: Mr Tony Christodoulides
Jurisdiction
Jersey
Judgment Date
13 April 2010
Procedural Posture
Trust Litigation / Interlocutory Application Prior to Trial
Outcome
Application withdrawn by the plaintiff.
Legal Topics
Waiver of Privilege, Trustee Duties, Admissibility of Evidence, Court's Supervisory Jurisdiction Over Trusts
Trust Law Evidence Law Legal Professional Privilege Waiver of Privilege Trustee Duties Admissibility of Evidence Court's Supervisory Jurisdiction Over Trusts

Case Brief

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Parties

Plaintiff

Plaintiff

First Defendant

Defendant

CI Law

Third Defendant

Sovereign International

Second Defendant

Meridian

Cited Party/trustee

Mr Tony Christodoulides

Proposed Witness/solicitor

Procedural Posture

Trust Litigation / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether the court can authorise a solicitor to provide evidence acquired in a privileged capacity without client waiver
  2. 2 Whether the interests of justice override legal professional privilege in trust litigation
  3. 3 Whether the court has jurisdiction to order a party to waive privilege

Ratio Decidendi

The court has no jurisdiction to order a party to waive legal professional privilege; only the client (here, Meridian as trustee) can do so. The appropriate route is for the plaintiff to apply under Article 51(3) of the Trusts (Jersey) Law 1984 for directions to the trustee regarding waiver of privilege.

Court Disposition

Application withdrawn by the plaintiff.

Orders

  • No order made on the application; plaintiff to proceed by Article 51 application for directions to the trustee regarding waiver of privilege.