Dunford and Elliott v Johnson and Firth Brown: CA 1977

A report which had been prepared confidentially was disclosed to 43 per cent of shareholders of a company (the institutional shareholders), but not the others, who then complained to the court.
Held: The others were entitled to the information: ‘This widespread use of the information drives a hole into the blanket of confidence; especially when that information is being used – or, shall I say misused – for the benefit some potential shareholders, and not for the benefit of the others. So much so that it would not be reasonable that the stipulation for confidence should be enforced.’

Judges:

Lord Denning MR

Citations:

[1977] 1 Lloyd’s Rep. 505

Jurisdiction:

England and Wales

Cited by:

CitedMarks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm) ChD 2-Jun-2004
The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose.
Held: Though the . .
CitedMarks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer CA 3-Jun-2004
The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm.
Held: Leave was refused. The appeal . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Company

Updated: 23 March 2022; Ref: scu.200341