Murray v Turcan Connell [2019] CSOH 21

Scottish decision in matrimonial proceedings restraining solicitors from acting for husband after lateral hire of solicitor who had acted for the wife while at his previous firm.  In applying Bolkiah v KPMG, and assessing whether there was a risk to confidential information, the court noted that despite a culture of confidentiality in the firm, there was a risk of inadvertent disclosure: the file contained three documents from an unrelated client’s file, and some confidential information had been disclosed without consent in an affidavit; there was also inadequate explanation of the systems limiting access to electronic files and what controls were in place, and ad hoc procedures were unlikely to suffice.

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