Lady Deborah Chambers QC obtained leave from the Supreme Court to appeal the Court of Appeal decision for Lambie Trustee Limited.

The Supreme Court granted leave to Lambie to appeal the decision of the Court of Appeal in regard to trustees’ legal privilege in respect of when a beneficiary is seeking disclosure and discovery.  The Supreme Court has directed that both legal advice privilege and litigation privilege are to be addressed.

The issue of privilege is not dealt with in the new Trustee Act.  The case will raise salient and material issues of policy and law for trustees and beneficiaries.

Read the leave decision here.

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