Ed Heaton examines a timely reminder to all about the dangers of waiving privilege
Lord Justice Ward described D (A Child) [2011] EWCA Civ 684, [2011] All ER (D) 83 (Jun) as a case with “an interesting and unusual twist”. It related to serious injuries suffered by a 6-month-old boy, which included fractures to his left humerus, his left tibia and a number of his ribs. The particular matter before the Court of Appeal was the relatively simple question of the extent to which the mother had waived legal professional privilege.
In order to appreciate the judgment fully, one needs an understanding of the basic background to the case.
The facts
In a witness statement in January 2011, the mother indicated that the father had told her that the child had got his arm stuck between the fabric and the metal side of his buggy and that the father had therefore had to pull the child’s arm, which had resulted in injury. The mother specifically stated that she had “not witnessed anyone hurting” the child and that, if the father had caused the injury,
