Warner v Verfides (A Firm)
| Jurisdiction | England & Wales |
| Judgment Date | 29 October 2008 |
| Date | 29 October 2008 |
| Court | Chancery Division |
Chancery Division
Before Mr John Martin, QC
Documents created by one party and sent to another did not necessarily cease to be correspondence, to which the privacy provisions of article 8 of the European Convention on Human Rights could apply, when they were received by the latter.
Mr John Martin, QC, sitting as a deputy Chancery Division judge, so held when, inter alia, determining how the costs of two interveners, Benno Hafner and Hafner and Hochstrasser, a firm, were to be borne in an application by Anthony John Warner, trustee in bankruptcy of the late Rene Rivkin, under article 21(1)(d) of the UNCITRAL Model Law on Cross Border Insolvency, as scheduled to the Cross Border Insolvency Regulations (SI 2006 No 1030), for disclosure of documents by the respondent, Verfides, formerly Fortis Intertrust Ltd.
In the event, only a few documents were affected and were excluded by the judge on the ground of irrelevance rather than confidentiality. The only issue affecting the interveners was how their costs were to be borne. That raised the question, inter alia, whether they had had a sufficient interest to intervene at all.
Mr Stephen Davies, QC and Mr Setfan Rowel for the trustee; Mr Piers Gardner, Mr Ian Rogers and Miss Carolyn Walton for the interveners; Verfides was not represented.
HIS LORDSHIP said that to construe "correspondence" as applying only to letters still in the possession...
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