M v M [2007] NIMaster 50 (5 September 2007)

M v M [2007] NIMaster 50 (5 September 2007)

A conveyancing file is not, in its entirety, protected by legal professional privilege in ancillary relief proceedings. Only those elements constituting confidential legal advice are privileged. The court may order production of the file, excluding privileged elements if any, especially where full disclosure is required and the applicant is a party to the transaction. The parents of the Respondent should be joined as parties as they remain registered owners of the property.

Citation
[2007] NIMaster 50
Parties
Petitioner: M; Respondent: M; Interested Parties: Respondent's parents; Non Party Witness: Solicitor (unnamed)
Jurisdiction
Northern Ireland
Judgment Date
05 September 2007
Procedural Posture
Ancillary Relief (family/matrimonial) / Interlocutory Application (khanna Summons) During Ongoing Ancillary Relief Hearing
Outcome
Application granted in part
Legal Topics
Ancillary Relief, Legal Professional Privilege, Disclosure of Documents, Conveyancing Files, Khanna Summons
Family Law Civil Procedure Ancillary Relief Legal Professional Privilege Disclosure of Documents Conveyancing Files Khanna Summons

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M

Petitioner

M

Respondent

Respondent's parents

Interested Parties

Solicitor (unnamed)

Non Party Witness

Procedural Posture

Ancillary Relief (family/matrimonial) / Interlocutory Application (khanna Summons) During Ongoing Ancillary Relief Hearing

Legal Issues

  1. 1 Whether legal professional privilege attaches to a conveyancing file in ancillary relief proceedings
  2. 2 Whether the court can order production of a solicitor's file in the face of privilege claims in family proceedings
  3. 3 Whether the parents of the Respondent should be joined as parties

Ratio Decidendi

A conveyancing file is not, in its entirety, protected by legal professional privilege in ancillary relief proceedings. Only those elements constituting confidential legal advice are privileged. The court may order production of the file, excluding privileged elements if any, especially where full disclosure is required and the applicant is a party to the transaction. The parents of the Respondent should be joined as parties as they remain registered owners of the property.

Court Disposition

Application granted in part

Orders

  • The conveyancing file is to be produced, with any privileged elements excluded if necessary.
  • The parents of the Respondent are to be joined as parties to the proceedings.