The WLR Daily case summaries
[2016] WLR (D) 241
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 that information privileged and seeking order that solicitors cease to act for creditor— Whether trustees successors in title to paper documents recording privileged information— Whether privilege “interest” arising out of property— Whether privilege amounting to property or power over or in respect of property— Whether benefit of privilege passing to trustees—
Insolvency Act 1986 (c 45), ss 311, 283(4), 486(1)