Hit "Enter" to search or "Esc" to close.

Your privacy is important to us.

This website uses cookies to help deliver its services. By using this website, you agree to the use of cookies as outlined in our Cookie Policy.

  • Home
  • Sectors & Solutions
    • Brexit Legal Support
    • Charities & Social Enterprises
    • Energy & Renewables
    • Manufacturing Law
    • Property Developers & Construction
    • Technology Law
    • Legal Technology
    • eDiscovery
    • CFR HR
    • ESG Hub
    • Telecommunications
  • Expertise
    • Banking & Finance
    • Commercial
    • Commercial Real Estate
    • Construction
    • Corporate & M&A
    • Data Protection
    • Dispute Resolution
    • Employment
    • Planning & Environment
    • Foreign Direct Investment
    • Insolvency & Business Restructuring
    • Intellectual Property & Technology
    • Personal Legal Matters
    • Private Equity & Venture Capital
    • Public Procurement
    • Public & Administrative
    • Tourism & Licensing
  • Our People
    • Our People
    • Join Our Team
    • Trainee Solicitor Programme
  • News & Insights
    • News
    • Legal Insights
    • Social Media
  • About
    • About Us
    • Clients
    • Responsible Business
    • Diversity and Inclusion
  • Legal Technology
    • Legal Technology Group
    • Frequently Asked Questions
    • Ediscovery Insights & News
    • Electronic Discovery Reference Model
  • ESG Hub
  • Contact Us
Cleaver Fulton Rankin Solicitors, Belfast Logo
Contact
  • Sectors & Solutions
    • Brexit Legal Support
    • Charities & Social Enterprises
    • eLearning
    • Energy & Renewables
    • Legal Technology
    • Manufacturing Law
    • Property Developers & Construction
    • Technology Law
    • CFR HR
    • ESG Hub
    • Telecommunications
  • Our Expertise
    • Banking & Finance
    • Business & Private Immigration
    • Commercial
    • Commercial Real Estate
    • Construction
    • Corporate & M&A
    • Data Protection
    • Dispute Resolution
    • eDiscovery
    • Employment
    • Planning & Environment
    • Foreign Direct Investment
    • Insolvency & Business Restructuring
    • Intellectual Property & Technology
    • Personal Legal Matters
    • Private Equity & Venture Capital
    • Public Procurement
    • Public & Administrative
    • Tourism & Licensing
  • Our People
    • Our People
    • Join Our Team
    • Trainee Solicitor Programme
  • News & Insights
    • News
    • Legal Insights
    • Social Media
  • About
    • About Us
    • Clients
    • Responsible Business
    • Diversity and Inclusion
  • Legal Technology
    • The Legal Technology Group
    • Frequently Asked Questions
    • Ediscovery Insights & News
    • Electronic Discovery Reference Model
  • ESG Hub
  • Contact Us
Contact

Legal Advice Privilege – As Hard As Nails

< Back to Legal Insights

In the recent decision of Addlesee and others v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) the Court of Appeal found that legal advice privilege attaching to documents survives the dissolution of a former client company and disclaimer by the Crown of any interest in the documents.

The decision overturned the previous decision of Garvin Trustees Ltd v The Pensions Regulator (FS/2010/0010 & 11) which found that legal advice privilege would be lost where there was no possibility of the dissolved company being restored to the register. The Court of Appeal disagreed with the reasoning in Garvin and found that it did not appear to consider the public policy that underpins legal advice privilege

It has been made clear that legal advice privilege attaching to documents can never be deemed waived or “lost” as a result of a company being dissolved or the Crown disclaiming its interest in the privileged documents. The Court held that once legal advice privilege has been established it can only be waived by the party with the benefit of the privilege, in this case the dissolved company. It did not matter that the company would require to be restored before it would be capable of waiving the privilege.

This decision majors on the strong public policy reasons for maintaining legal advice privilege and finds that it is a fundamental human right. It has maintained that clients should have absolute confidence in the protected nature of their communications with their lawyers for the purpose of obtaining legal advice.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Insolvency & Business Restructuring team at Cleaver Fulton Rankin for further advice or information.


« Previous Article
Next Article »

How can we help you?


Call us on the Belfast number below or send us a message and one of our team will be in touch.

028 9024 3141
Send us a Message

How can we help you?


Contact
GDPR Compliance *

Related Areas


  • Banking & Finance
  • Dispute Resolution
Cleaver Fulton Rankin Logo

Belfast Commercial Law Firm:

Cleaver Fulton Rankin,
50 Bedford Street,
Belfast, BT2 7FW

Tel: 028 9024 3141
E: info@cfrlaw.co.uk

Social Media Icon Social Media Icon Social Media Icon Social Media Icon

Privacy Policy
Cookie Policy
Disclaimer

© 2023 Cleaver Fulton Rankin - Solicitors, Belfast
Created by WebsiteNI

Current Awards

Award
Award
Award
Award
Award
Award
Award
Award
Award
Award
Award

Social Media Icon Social Media Icon Social Media Icon Social Media Icon

Privacy Policy    |    Cookie Policy    |    Disclaimer

© 2023 Cleaver Fulton Rankin - Solicitors, Belfast    |    Created by WebsiteNI

© 2023 Cleaver Fulton Rankin - Solicitors, Belfast    |    Responsible Business    |    Privacy Policy    |    Cookie Policy    |    Disclaimer    |    Sitemap    |    Created by WebsiteNI

Social Media Icon Social Media Icon Social Media Icon Social Media Icon