Barkley v Whiteside [2004] NIQB 12 (3 March 2004)

Barkley v Whiteside [2004] NIQB 12 (3 March 2004)

Where solicitors are jointly retained by both parties to a transaction, privilege is waived as between those clients in respect of communications relating to the joint retainer, and the plaintiff is entitled to discovery of such documents unless and until an actual conflict of interest arises.

Source-derived case information.

Citation
[2004] NIQB 12
Parties
Plaintiff: Colin John Barkley; Defendant: John Nelson Bell Whiteside
Jurisdiction
Northern Ireland
Judgment Date
03 March 2004
Procedural Posture
Interlocutory Application for Specific Discovery / Ruling on Discovery Application
Outcome
Application for discovery granted
Legal Topics
Discovery of Documents, Joint Retainer, Waiver of Privilege, Conflict of Interest
Civil Procedure Commercial Law Legal Professional Privilege Discovery of Documents Joint Retainer Waiver of Privilege Conflict of Interest

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Parties

Colin John Barkley

Plaintiff

John Nelson Bell Whiteside

Defendant

Procedural Posture

Interlocutory Application for Specific Discovery / Ruling on Discovery Application

Legal Issues

  1. 1 Whether legal professional privilege applies to documents held by solicitors jointly retained by both parties
  2. 2 Whether a prima facie case of fraud or dishonesty displaces privilege
  3. 3 Whether the plaintiff is entitled to discovery of specific documents

Ratio Decidendi

Where solicitors are jointly retained by both parties to a transaction, privilege is waived as between those clients in respect of communications relating to the joint retainer, and the plaintiff is entitled to discovery of such documents unless and until an actual conflict of interest arises.

Court Disposition

Application for discovery granted

Orders

  • Discovery of the letter dated 24 October 1986 and the telephone memorandum of 29 October 1986 is ordered; the plaintiff is permitted to inspect and take copies of these documents.