header-logo header-logo

15 October 2010
Issue: 7437 / Categories: Case law , Law digest
printer mail-detail

Privilege

BBGP Managing General Partner Ltd and others v Babcock & Brown Global partners [2010] EWHC 2176 (Ch), [2010] All ER (D) 42 (Oct)

(i) Where a solicitor accepted a joint retainer from parties with potentially conflicting interests one client could insist as against the other that legal professional privilege attached to any of what passes between the solicitor and that client during the currency and in the course of the retainer. In order for joint privilege to arise the joint interest had to exist at the time that the communication came into existence. If the parties subsequently fell out and sued one another, neither of them could claim privilege as against the other in respect of any documents that were caught by the joint privilege, as the original joint interest was not destroyed by a subsequent disagreement between the parties.

Privilege could not be asserted as between partners in relation to any documents concerning the partnership’s affairs.

(ii) The iniquity principle that advice sought or given for the purpose of effecting iniquity was not privileged was founded upon public

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll