The applicant, defendant in the main proceedings, sought an injunction to restrain the solicitors from acting for the claimant and from making any use of documents which had come into their privileged possession whilst acting for him.
Judges:
Beatson J
Citations:
[2011] EWHC 2649 (Comm), [2012] PNLR 4
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Cited – Ablitt v Mills and Reeve (A Firm) and Another ChD 24-Oct-1995
A solicitor receiving privileged documents where there had been an obvious, error should return them. The defendant solicitors who, on their client’s instructions, reviewed privileged information sent to them in error by counsel for the other party, . .
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 . .
Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .
Cited – English and American Insurance Co Ltd and Others v Herbert Smith ChD 1987
Where documents with the benefit of legal professional privilege come into the hands of the opposing side, the court should be ready to grant an injunction to prevent their misuse. . .
Cited – S v Switzerland ECHR 28-Nov-1991
Access to legal advice on a private and confidential basis is a fundamental principle not lightly to be interfered with. Fair trial rights may require communications with lawyers to be protected, and that confidential communications between lawyers . .
Cited – 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 . .
Cited – Re a firm a solicitors CA 20-Jun-1991
Where a conflict of interest in a firm of solicitors acting is suggested, the proper approach ‘is to consider whether a reasonable man informed of the facts might reasonably anticipate such a danger.’ Where a Chinese Wall is proposed, ‘Save in a . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Legal Professions
Updated: 13 April 2022; Ref: scu.445644