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Solicitors and barristers are often approached by potential clients and for recommendations for solicitors. The case of G v G considers when such approaches will attract legal professional privilege in circumstances in which no retainer is agreed and no legal advice is sought or imparted.

The circumstances of the case concerned a telephone call by X to a leading family barrister. X made the call on behalf of her friend, Y, who believed she might have cause to challenge her divorce settlement. The purpose of the call was to obtain a recommendation. The barrister recommended a solicitor to whom she sent a short email. The solicitor was subsequently instructed but no proceedings were commenced.

Several years later the same barrister was unwittingly instructed by Y’s husband after X brought a challenge to the divorce settlement. Delay became an issue. Y sought an injunction restraining the barrister from acting as well as junior counsel and the firm of solicitors, Pinsent Masons. Y also sought a  ruling that the conversation between the barrister and X and the subsequent email were privileged.

Surprisingly, this is the first time that the High Court has considered when approaches to barristers and solicitors seeking recommendations will attract legal professional privilege. Mrs Justice Roberts ruled that the conversation was not privileged and refused an injunction to restrain the use of evidence of the contents of the conversation and of the email from the barrister to the solicitor.

The case will no doubt be considered closely by barristers and solicitors firms.

The full judgment can be found here: http://www.bailii.org/ew/cases/EWHC/Fam/2015/1512.html

Andrew Green QC and Tom Hickman instructed by Pinsent Masons LLP acted for Y’s husband in successfully resisting the injunction.

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