Singla v Stockler and Another: ChD 10 May 2012

The claimant appealed against the striking out of his action for an injunction against the defendant solicitors to restrain them for action for a person, saying that whilst there had been no formal retainer, they had informally advised him. The defendants said that there was no contrary interest between the claimant and the proposed third party.
Held: The appeal failed. The claimant had no real prospect of success: ‘in relation to each of the examples of disclosure of ordinarily confidential material relied upon by Mr Lilly there was no prior request for or consent to disclosure by Mr Singla but that, in every case, the disclosure took place, as it were, in his full view, by him being routinely copied into the emails by which the disclosure was made. This is not therefore a case of ad hoc specific disclosure of particular materials, leaving the residue confidential as between Mr Singla and the defendants, but rather it is conduct explicable only in terms of a (possibly tacit) recognition on Mr Singla’s part that in the defendants’ prosecution of the English proceedings there simply was to be no confidence as between him and OSB.’

Briggs J
[2012] EWHC 1176 (Ch)
England and Wales
CitedCIA Barca de Panama SA v George Wimpey and Co Ltd CA 1980
Claim to Legal Professional Privilege Lost
Barca and Wimpey had been 50/50 joint venturers through the medium of a company called DLW which had provided services to oil companies in the Middle East, including the Aramco Group. Wimpey agreed to buy out Barca’s interest in DLW on terms which . .
CitedPrince 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 . .
CitedWinters 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 . .

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Legal Professions

Updated: 01 November 2021; Ref: scu.472523