Wentworth v Lloyd and Others
Jurisdiction | UK Non-devolved |
Judgment Date | 27 May 1864 |
Court | House of Lords |
Date | 27 May 1864 |
English Reports Citation: 11 E.R. 1154
House of Lords
Evidence - Professional Secresy.
Mews' Dig. v. 911; vi. 594, 599; vii. 263; xiv. 1247. S.C. 10 Jur. N.S, 961; 10 L.T. 767; and below, 32 Beav. 467.
[589] W. C. WENTWORTH,-Appellant; J. C. LLOYD and Others,-Respondents [April 28, 29, May 2, 6, 27, 1864]. [Mews' Dig. v. 911; vi. 594, 599 ; vii. 263 ; xiv. 1247. S.C. 10 Jur. N.S, 961; 10 L.T. 767; and below, 32 Beav. 467.] Evidence-Professional Secresy. There is no presumption of fact to be made against a party who enforces the rule against the disclosure, by his solicitor, of knowledge professionally acquired. Per Lord Chehnsford. Armory v. Delamirie (Strange, 505) does not apply to such a case. In this case a suit had been instituted by the Appellant to set aside a sale of certain estates and other property formerly belonging to him in New South Wales, which sale was made on his behalf by one of the Respondents to the others of them, and the Appellant impeached the fairness of the transaction. The case was heard before the Master of the Rolls, who in September 1863 directed the bill to be dismissed. Evidence had been taken in Sydney, and one of the witnesses was a Mr. Wright, who had acted for some years as the Appellant's solicitor in the colony. Mr. Wright was asked a question, the answer to which was prevented from being...
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