Vol 20 (2023) - Issue 3

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Despins v Ho Wan Kwok [2023] EWHC 74 (Ch)

Synopsis
The recent judgment in Despins v Ho Wan Kwok [2023] EWHC 74 (Ch) concerns an application for recognition and relief under the Cross-Border Insolvency Regulations 2006 ('CBIR'). The judgment provides a useful examination of the principles applicable to a trustee in bankruptcy's rights to use and access a bankrupt's privileged material under the Insolvency Act 1986 ('IA 1986'). Building on the position established by the Court of Appeal in Shlosberg v Avonwick Holdings [2016] EWCA Civ 1138, the case focuses on a trustee's right to access documents protected by joint privilege.
It concludes that a third party holding a joint privilege with a bankrupt cannot resist disclosure to a trustee in bankruptcy.