A firm of architects sought an order to prevent the defendants instructing a firm of solicitors including a solicitor who had been a partner in a firm representing them is earlier similar matters. The solicitor had personally been involved in drafting documents for the claimants.
Held: The solicitor had become personally involved in resisting the application and otherwise: ‘the comparison with a theoretical ideal helps to persuade me that there remains a real and not merely fanciful or theoretical risk of further or fresh inadvertent disclosure by Mr A of confidential information of the Architects. I cannot accept counsel for Firm X’s submission that any slight errors of judgment in the past can be overcome by the undertakings now offered.’ Order granted.
Lightman J said: ‘For the purpose of the law imposing constraints upon solicitors acting against the interests of former clients, the law is concerned with the protection of information which (a) was originally communicated in confidence, (b) at the date of the later proposed retainer is still confidential and may reasonably be considered remembered or capable, on the memory being triggered, of being recalled and (c) relevant to the subject matter of the subsequent proposed retainer. I shall refer to information that satisfies these three qualifications as ‘relevant confidential information’. ‘
Judges:
Lightman J
Citations:
[ 1997] Ch 1
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 – G D Searle and Co Ltd v Celltech Ltd CA 1982
The court was asked as to an employee’s covenant now said to be in restraint of trade.
Held: In disputes between employers and ex-employees courts will usually seek to protect the rights of employees to advance their chosen trade and . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 11 April 2022; Ref: scu.136016
