Wentworth v Lloyd and Others

JurisdictionUK Non-devolved
CourtHouse of Lords
Judgment Date27 May 1864
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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25 cases
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    • 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......
  • 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. The defendants applied for an injunction requiring the plaintiffs to return all copies of a fax sent ......
  • Harmon Cfem Facades (Uk) Ltd (Plaintiff) v The Corporate Officer of The House of Commons
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 28 October 1999
    ...no inferences adverse or otherwise could be drawn since it was well established that it was not permissible to do so: Wentworth v. Lloyd 10 HL Cas 589, and more recently R v Derby Magistrates' Court ex parte B [1995] 4 All ER 523 in which Lord Taylor said at page 537: "The view that the pri......
  • Navigator Equities Ltd v Oleg Vladimirovich Deripaska
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 30 November 2021
    ... ... , no adverse inference is to be drawn from the making of a valid claim to privilege (see Wentworth v Lloyd [1864] 10 HLC 589 (at 591–592) and for example Sayers v Clarke Walker [2002] EWCA ... 2 The sanctions involved the addition of Mr Deripaska, B-Finance and EN+ Jersey (amongst others) to the Specially Designated Nationals and Blocked Persons List maintained and published by the US ... ...
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