The following Restructuring & Insolvency Q&A Produced in partnership with XXIV Old Buildings provides comprehensive and up to date legal information covering:
This Q&A considers whether in the course of the disqualification proceedings the lawyer is able to answer questions about that advice without obtaining a waiver.
For the purposes of this Q&A, it has been assumed that the privilege belongs to the company, and is therefore controlled by the liquidators.
The first question is whether there is any privilege that the company could rely on as against the director. It is assumed that the advice was given to the director either in writing or orally, albeit in their capacity as director. There may be an argument that as between the company and the director there can be no confidence and therefore no privilege. Thus, although the director would owe fiduciary duties to maintain the company's privilege as against third parties, in proceedings between the company, or its liquidators, and the director the company may not be able to maintain its claim to privilege (see eg Derby v Weldon (No 10)). However, in disqualification proceedings neither the company nor the liquidators are parties, although the latter may be witnesses. The parties are the Secretary of State or the Official Receiver and the director. Therefore, the advice is likely to remain privileged (see also Re Lomb
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.