Greenlaw v King
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 1838 |
| Date | 07 December 1838 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 891
ROLLS COURT
S. C. 8 L. J. Ch. N. S. 92. See Fenner v. London and South-Eastern Railway Company, 1872, L. R. 7 Q. B. 769.
[137] greenlaw v. king. Dec. 6, 7, 1838. [S. C. 8 L. J. Ch. N. S. 92. See Fenner v. Lorulon and South-Eastern Railway Company, 1872, L. R. 7 Q. B. 769.] The privilege of a client, as to discovery, is not co-extensive with that of his solicitor; there are cases where the solicitor would be protected from discovery, but the client would not. A case submitted to counsel, and confidential communications had with his solicitor by a deceased owner of a charge on a living, in contemplation of proceedings being taken by the future incumbent, and which had come into the possession of the Defendant, who was the assignee of the charge : Held, not privileged. Confidential communications, which took place after the dispute had arisen, between a Defendant and a solicitor, who acted as agent and adviser only, but not as solicitor : Held, not privileged. The bill in this case stated two Acts of Parliament of the 49 & 52 G. 3 ; by which, for the purpose of building a new rectory house at St. Mary's, Woolwich, the rector, with the consent of the Bishop of Rochester^ was empowered to borrow 2000 by way of annuities, upon one or more life or lives, and to secure that sum upon the rents and profits of the rectory. In 1813, the then rector, with the consent of the then Bishop of Rochester, in consideration of 2000 expressed to be paid by a Mr. Venables, granted a life annuity of 170 to Venables. [138} The 2000 was the money of the bishop, and Venables, who was a mere trustee, had executed a declaration of trust to that effect; in 1823, the bishop, for natural love and affection, assigned the annuity to his son, the Defendant Mr. King. The bishop and the rector both died in 1837 ; and the Plaintiff, the present rector, filed this bill to set aside the annuity as invalid, by reason of the trust reposed in the bishop by the Act. The Defendant, Mr. King, by his answer, made the following admission as to his possession of documents relating to the matters in question in the cause. 892 GREENLAW V. KING 1 BEAV. 139. " And this Defendant saith, that he hath, in the schedules to this his answer annexed, marked respectively with the figures 1 and 2, set forth a full and true list and schedule of all the deeds, books of account, accounts, letters, copies of or extracts from letters, receipts, documents, papers or writings, or of any deed, book, book of account, letter, copy of or extract from a letter, receipt, document, paper or writing relating to the matters in the bill mentioned, or to any of them; and from which, if produced, the truth of the several matters in the said bill stated and charged would appear, which Defendant hath now or ever had in his possession, custody, or power; but Defendant saith, that the several letters and copies mentioned and referred to in the second schedule to his answer annexed, and to which the figures from 1, 2, 3, 4, 5, 6, 7, 8, are set opposite, are confidential communications which passed between Defendant's late father (the bishop) and William Leigh, who then was and acted as his solicitor and agent; and that such letters were written confidentially by the Defendant's father, as client to the said William Leigh, and [139] by William...
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