(Family Division, Moylan J, 17 December 2012)
In heavily contested financial remedy proceedings the wife made an informal application for disclosure by the husband of certain communications in respect of which he claimed privilege. The wife claimed the information was relevant to the two central issues of whether certain family trusts were nuptial and whether the assets of those trusts were available or likely to be available to the husband.
The judge directed the wife to provide a list of communications she sought disclosure of including the company names and dates. The claim for privilege would follow the practice as set out in the CPR so that insofar as a claim for privilege was made in respect of any document or class of documents, or a part of a document, then it had to be stated in writing that there was such a right and the grounds on which that right was claimed. The grounds on which the right was claimed had to be sufficient to enable the wife to determine whether the right might, or could, be challenged.