- Joint privilege and the iniquity principle (Barrowfen Properties Ltd v Patel)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Where a firm of solicitors is retained under a joint retainer, neither client may assert legal professional privilege (LPP) as against the other in relation to any documents passing between themselves and the solicitor which were brought into existence for the purpose of furthering a criminal or fraudulent purpose. The High Court granted the claimant Barrowfen Properties Ltd (Barrowfen) disclosure of documents containing legal advice given under a joint retainer by the second defendant Stevens & Bolton LLP (S&B) to the first defendant Girish Patel (Girish) and the third defendant Barrowfen Properties 11 Ltd (Barrowfen 11) and S&B. Written by Sandip Patel QC, FCIArb, managing partner at Aliant (London).
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