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Privileged material and no implied duty of good faith [2022] EWCA Civ 1103

Civil Fraud & Asset Recovery, Commercial Litigation, Judgments

08 August 2022

Hannah Ilett acted for the successful Respondents, Mr Bosheh and Mr Salfiti, in an appeal brought by the Claimant solicitors’ firm against a decision of Ambrose J.  The Court of Appeal dismissed the appeal. 

On the main grounds of appeal, the Court of Appeal (1) found that there was no real prospect of the solicitor establishing that there was an implied term of good faith in the CFA nor (if there were such a term) was there any real prospect of successfully establishing a breach of such term; and (2) dismissed the solicitor’s appeal in relation to privileged information, confirming that the Iniquity Exception did not apply in the instant case.

The Court of Appeal judgment can be found here

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