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A Litigator's Quiz: First Candle of Advent

02 December 2019

Legal professional privilege burns bright in the hearts of most disputes lawyers. Does it burn bright enough under English law to light the first Advent candle in 2019?

Q2. Which of these will bring privilege to an end?

iii. Bankruptcy of an individual owner of privilege.

Yes

Incorrect.

The answer is no. A trustee in bankruptcy may be entitled to see the documents, but the privilege subsists and continues to belong to the individual unless the property to which any legal advice relates passes to the trustee in bankruptcy as well: Avonwick v Shlosberg [2016] EWCA Civ 1138

No

Correct!

A trustee in bankruptcy may be entitled to see the documents, but the privilege subsists and continues to belong to the individual unless the property to which any legal advice relates passes to the trustee in bankruptcy as well: Avonwick v Shlosberg [2016] EWCA Civ 1138.

Maybe

Incorrect.

The answer is no. A trustee in bankruptcy may be entitled to see the documents, but the privilege subsists and continues to belong to the individual unless the property to which any legal advice relates passes to the trustee in bankruptcy as well: Avonwick v Shlosberg [2016] EWCA Civ 1138.

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