References: Unreported, 22 November 1996
Coram: Chadwick LJ
The court considered a solicitor’s duties to avoid a conflict of interest in a conveyancing transaction as between a lay client and a lender. Chadwick LJ said: ‘In my view, the words ‘if in the course of doing the work he is instructed to do’ reflect an important and significant qualification to the solicitor’s duty to disclose information relevant to the lending risk. A solicitor is obliged to disclose information which comes into his possession in the course of doing the work which the lender has instructed him to do; but he is not obliged to disclose information which has come into his possession independently of any work which the lender has instructed him to do – including, for example, information which has come into his possession as a result of earlier transactions in which he has been retained by the borrower.’
This case is cited by:
- Cited – Marks and Spencer Group Plc and Another -v- Freshfields Bruckhaus Deringer CA (Bailii, [2004] EWCA Civ 741)
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 . .
