When does waiver occur? Protecting privilege in witness statements (Re Bedborough)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Restructuring & Insolvency analysis: The applicant trustees in bankruptcy applied for specific disclosure of privileged documents passing between the bankrupt’s spouse and her legal advisers, on the basis that waiver had occurred. Deputy Insolvency and Companies Court Judge Baister declined to find that privilege was waived, notwithstanding the fact that the wife referred to the advice within a witness statement filed in advance of trial. Written by Faith Julian, barrister, at 9 Stone Buildings.