Q&As

An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/03/2020

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?

Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice privilege applies to documents giving advice whether or not litigation is contemplated. Litigation privilege relates to documents coming into existence where litigation is extant or is contemplated or pending. Both fall within the umbrella of legal advice privilege. An attendance note of a hearing will ordinarily fall within litigation privilege and therefore is not required to be provided to the other party.

It may be that the request to provide a copy of the attendance note of the hearing is made in contemplation of an appeal by the respondent. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 at FPR 2010, PD 30A, set out what must be included in

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