LEGAL PROFESSIONAL PRIVILEGE PERSISTS AFTER DISSOLUTION OF A COMPANY: COURT OF APPEAL DECISION TODAY
In Addlesee & Ors v Dentons Europe LLP  EWCA Civ 1600 the Court of Appeal held that legal professional privilege survives the dissolution of a limited company.
The claimants wanted to bring an action against a company that has now been dissolved. The claimants wanted to see documents that passed between the dissolved company and their solicitors. The Master held that legal advice privilege still attached to the documents and they could not be disclosed. The claimants appealed.
The question on appeal was summarised:
“whether, legal professional or legal advice privilege having attached to a communication by reason of the circumstances in which the communication was made, the communication remains privileged unless and until privilege is waived; or whether the privilege is lost if there is no person entitled to assert it at the time when a request for disclosure is made.”
THE COURT OF APPEAL DECISION
The Court of Appeal upheld the Master’s decision, albeit for different reasons. The privilege remained in existence. There was no one who could waive the privilege.
Lord Justice Lewison