Bankrupt retained legal professional privilege in documents delivered up to his trustees (High Court) | Practical Law

Bankrupt retained legal professional privilege in documents delivered up to his trustees (High Court) | Practical Law

In Shlosberg v Avonwick Holdings Limited and others [2016] EWHC 1001 (Ch), the High Court considered the nature, devolution and availability of legal professional privilege in the context of a bankrupt's application to assert it against solicitors who were acting for his trustees in bankruptcy and for multiple parties in ongoing litigation against him.

Bankrupt retained legal professional privilege in documents delivered up to his trustees (High Court)

Practical Law UK Legal Update Case Report 8-627-8455 (Approx. 5 pages)

Bankrupt retained legal professional privilege in documents delivered up to his trustees (High Court)

by Practical Law Restructuring and Insolvency
Published on 12 May 2016 • England, Wales
In Shlosberg v Avonwick Holdings Limited and others [2016] EWHC 1001 (Ch), the High Court considered the nature, devolution and availability of legal professional privilege in the context of a bankrupt's application to assert it against solicitors who were acting for his trustees in bankruptcy and for multiple parties in ongoing litigation against him.
The appeal of this decision was dismissed by the Court of Appeal, which considered that legal professional privilege in a bankrupt's documents was not property which vested in a trustee in bankruptcy or something which could be waived under section 311(1) of the Insolvency Act 1986. (Avonwick Holdings Limited and others v Shlosberg [2016] EWCA Civ 1138 (18 November 2016).)