The Law Reports (Chancery Division)
[2017] Ch 210
Court of Appeal
Shlosberg
v
Avonwick Holdings Ltd
[2016] EWHC 1001 (Ch)
[2016] EWCA Civ 1138
2016 Feb 25;
April 22;
May 5
Arnold J
2016 Oct 25,
26;
Nov 18
Sir Terence Etherton MR, Gloster, Sharp LJJ
Bankruptcy— Property passing to trustee— Legal professional privilege— Bankrupt’s trustees in bankruptcy and principal 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 privilege in information “property” of bankrupt so as to vest in trustees as part of bankrupt’s estate— Whether trustee having power to waive privilege in information pursuant to statutory powers— 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)