Q&As

A company director is subject to disqualification proceedings as a result of selling assets of the company, which led to the insolvency of the company. The sale was effected following legal advice, which is privileged, and the liquidators have taken control of the company's privilege. Can the lawyer who gave the legal advice answer questions as regards the advice, or does a waiver of privilege/confirmation that privilege is not being asserted by the company need to be sought?

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Published on: 20 May 2019

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

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Jurisdiction(s):

United Kingdom

Key definition:

Company definition

What does Company mean?

Company denotes an association of individuals formed together for some common purpose.

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