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Limitations of iniquity exception to legal privilege applicable to solicitor/client relationship (Candey v Bosheh)

Published on: 20 January 2022
Published by: LexisPSL
  • Limitations of iniquity exception to legal privilege applicable to solicitor/client relationship (Candey v Bosheh)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: The court was asked to consider the circumstances in which a solicitor could rely on privileged material and instructions given in confidence by a client to evidence a claim against that client in fraud and conspiracy with the aim of setting aside the retainer, in the form of a conditional fee agreement retainer (CFA), and claim damages or restitution in respect of the legal fees accrued under the CFA. The court held that exceptions to legal professional privilege were strictly limited, setting out the authoritative test that the solicitor would have to show iniquity sufficient to take the case out of the ‘ordinary run of cases such as this’. Further, there was no public policy justification to treat a CFA differently to any other retainer. There was no scope for an overarching implied term of good faith between the client and solicitor as the solicitor’s fiduciary duty excluded such a term. Written by Lauren Godfrey, barrister at Gatehouse Chambers. or take a trial to read the full analysis.

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