The Weekly Law Reports
[2016] 3 WLR 1330
Chancery Division
Shlosberg v Avonwick Holdings Ltd and others
[2016] EWHC 1001 (Ch)
2016 Feb 25;
April 22;
May 5
Arnold J
Bankruptcy— Property passing to trustee— Legal professional privilege— Bankrupt’s joint trustees in bankruptcy and major creditor retaining same solicitors— Solicitors in possession of information obtained by trustees— Creditor wanting to use information in further proceedings against bankrupt— Bankrupt contending information privileged and seeking order that solicitors cease to act for creditor— Whether trustees successors in title to paper documents recording privileged information— Whether trustees thereby acquiring benefit of privilege— Whether privilege “interest” arising out of or incidental to property— Whether “power … exercisable over or in respect of property”— Whether benefit of privilege passing to trustees— Whether solicitors to be restrained from continuing to act for creditor— Whether to be restrained from continuing to act for joint trustees—
Insolvency Act 1986 (c 45)
, ss 283(4), 306, 311(1), 436(1)