The claimant brought an action to restrain the lawyer defendants from acting in arbitration for having previously acted for other parties.
Held: The claimant’s appeal for an injunction failed. Following Bolkiah, the burden on the defendants was weighty, but they had offered undertakings which ‘will minimise the risk of disclosure or misuse of confidential information.’ The judge was correct to conclude that the evidence established that the various precautions taken would effectively protect CAIB from disclosure or misuse of their confidential information.
Mr Justice Brooke Lord Justice Mummery Lord Justice Scott Baker
[2006] EWCA Civ 683
Bailii, Gazette
England and Wales
Citing:
Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – Koch Shipping Inc v Richards Butler (a Firm) CA 22-Jul-2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Leading Case
Updated: 01 November 2021; Ref: scu.242216