Family Law Hub

AG v VD [2020] EWHC 1847 (Fam)

The husband sought an order for the wife to produce the files of her previous legal advisors. The husband's case was that she had waived the privilege that would normally attach to communications between a client and her legal advisors on three separate occasions, for example when claiming that they had been "frankly incompetent". Cohen J found that the wife had clearly invited the husband "into the consultation room", in claiming that her instructions had been misconstrued or misquoted or not followed. It would be unfair if the husband could not challenge this statement by reference to contemporaneous notes, emails and other communications. The files would be made available to a QC selected by the parties for sifting and, if required, redacting the necessary material.

Judgment, published: 12/07/2020

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Published: 12/07/2020

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