A firm of solicitors had two partners, who did business separately without having any knowledge of the affairs of each other’s clients. The plaintiff consulted one partner in an action for wrongful dismissal a company. He changed his solicitors and after a writ had been issued, the matter was referred to arbitration. The other solicitor knew nothing about the earlier instructions, and he accepted instructions to act for the company defendant in the arbitration. The plaintiff sought an injunction against the firm.
Held: The injunction was refused. There was no general rule that a solicitor, having acted for some person either before or after litigation could not act for the opposite side. Each case depends upon its own facts. The court must be satisfied in each case that ‘mischief would result from the solicitor acting’, for the new client before an injunction would be granted.
Citations:
[1912] 1 Ch 831
Cited by:
Criticised – 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 – Marks 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 . .
Cited – Marks 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 . .
Cited – Winters v Mishcon De Reya ChD 15-Oct-2008
The claimant sought an injunction to prevent the defendant firm of solicitors acting for his employers against him. He said that they possessed information confidential to him having acted for him in a similar matter previously. The solicitors . .
Applied – David Lee and Co (Lincoln) Ltd v Coward Chance ChD 1991
The liquidator of two companies brought actions asserting fraud, including by a firm of solicitors as to a faudulent breach of trust. Two firms which had been previously involved on differing sides, merged. The defendants sought an order to prevent . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 09 May 2022; Ref: scu.200342