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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My ex-friend AG is bringing a law suit against a mutual friend

Resolved Question:

My ex-friend AG is bringing a law suit against a mutual friend and ex-business partner SS.
Now I'm involved and I need to know my position.
I am not an accountant or a lawyer, I am just a friend. AG is a dentist and occasional property dealer. I advised AG informally on his case against SS.
It started 6 years ago over a property deal where both AG and SS walked away with £2m each. The day after closing, AG alleged that SS had cheated him over £150k. AG has been hounding SS ever since through solicitors letters and court hearings. She's been very sick because of the stress AND lost all her money. She's under constant psychiatric care. She can't afford a solicitor.
I was very upset about this and I wanted to put an end to AG's bullying of SS. I had in my possession a letter written by AG to several friends and family which said SS had cheated him of the money (with no evidence of it). I had previously taken AG to an excellent accountant who said there was NO cheating. So the letter is quite clearly libellous. AG has been talking about the so-called cheating to anyone who will listen last 6 years. So I gave a copy of this libellous letter to SS, which she is now using in AG's case against her.
AG's lawyers have now written to me saying I had a duty of confidentiality not to give SS the letter. I say I do because his case has been causing her unwarranted distress, and the letter would help her win her case and put an end to the legal bullying.
So Question 1 - Do I have to give up all the documents that AG gave me which he says are confidential - his lawyers have asked ?
Question 2 - is the libellous letter liable to be ruled inadmissable?
Question 3 - my wife is scared that my involvement is liable to make AG so enraged that he will take out who-knows-what repercussions against us. Can I tell the court I am scared of the consequences of testifying?
By the way, all this has gone on in London. I live in Spain.
Victor
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Just to confirm, you live in Spain but are proceedings being conducted in England or Wales?

Customer:

Yes. AG and SS live in the UK. Their case is being heard in the UK. I lived in the UK from 2010 to last June. I am now permanently in Spain.

Alex Watts :

Does the document say its confidential and not to be disclosed?

Customer:

No, it says nothing of the sort.

Alex Watts :

Ok, on what basis are they saying it shouldnt have been disclosed then?

Customer:

"The documents attached to these emails are both clearly confidential, being documents which by their nature contain a quality of confidence and which came into your possession by virtue of the assistance you provided to our client in relation to the proceedings."


Alex Watts :

Ok, well I do not think you need to worry. If it was said it was confidential nor should not be disclosed then it is not an issue

Alex Watts :

Therefore on the basis there was no mention it should not be shown anywhere you are not liable

Alex Watts :

Can I clarify anything about this today please?

Customer:

That's excellent, thank you very much.

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