Wentworth v Lloyd and Others

JurisdictionUK Non-devolved
Judgment Date27 May 1864
CourtHouse of Lords
Date27 May 1864
W. C. Wentworth
-Appellant
J. C. Lloyd and Others
-Respondents

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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29 cases
  • JP Morgan Multi-Strategy Fund LP v Macro Fund Ltd
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 30 May 2003
    ...673, referred to. (43) Webster v. James Chapman & Co., [1989] 3 All E.R. 939, considered. (44) Wentworth v. Lloyd(1864), 10 H.L. Cas. 589; 11 E.R. 1154, dicta of Lord Chelmsford considered. Attorneys-at-Law-professional privilege-privileged documents-client”s communication to attorney reque......
  • R. v. Meer (J.D.),
    • Canada
    • Court of Appeal (Alberta)
    • 17 April 2015
    ...(S.) (1995), 169 A.R. 81; 97 W.A.C. 81; 99 C.C.C.(3d) 326 (C.A.), refd to. [para. 33]. Wentworth v. Lloyd (1864), 10 H.L. Cas. 589; 11 E.R. 1154, refd to. [para. 36]. Errico v. British Columbia Electric Railway Co., [1917] 2 W.W.R. 238; 23 B.C.R. 468 (C.A.), refd to. [para. 36]. R. v. Alcan......
  • Alberta (Minister of Infrastructure) v. Nilsson,
    • Canada
    • Court of Appeal (Alberta)
    • 29 November 2002
    ...Shipping Co. v. Uni-Polaris Shipping Co. et al., [2001] 2 W.L.R. 170; 226 N.R. 50 (H.L.), refd to. [para. 117]. Wentworth v. Lloyd (1864), 11 E.R. 1154 (H.L.), refd to. [para. R. v. Zylstra (D.) (1995), 82 O.A.C. 394; 41 C.R.(4th) 130 (C.A.), refd to. [para. 123]. McKee v. Alberta (1967), 1......
  • Occidental Worldwide Investment Corporation v Skibs A/S Avanti (Siboen, Sibotre)
    • United Kingdom
    • Queen's Bench Division
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