Crescent Farm (Sidcup) Sports Ltd v Sterling Offices Ltd
1972 · Ch 553
Posted By lanbuk.com
- Facts
- In a civil action the said the had induced a breach of contract, and they sought documents passing between the defendants and their solicitors. They said the fraud exception in Cox and Railton applied, so the documents were not privileged.
- Issue
- Does a bare allegation of civil wrongdoing destroy ?
- Held
- No. Goff J held that the exception is for crime and for fraud. A claim of inducing breach of contract, without a case of fraud, did not open the solicitors' papers. Privilege stood.
- Principle
- The party who wants to defeat privilege must show a prima facie case that the communication was in furtherance of a crime or a fraud. An allegation in a pleading is not enough.
- Why it matters
- It is the civil companion to Cox and Railton. The criminal case is the sham bill of sale. This is the limit of that exception.
Words and Latin in this note
- Legal professional privilege
- A client's right not to disclose confidential communications with a lawyer for the purpose of legal advice, or documents made for the dominant purpose of litigation. It belongs to the client. Crime and fraud are outside it. Open the note.
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.