Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] EWCA Civ 609
- ABA Formal Opinion 510, Avoiding the Imputation of a Conflict of Interest When a Law Firm is Adverse to One of its Lawyer’s Prospective Clients
- Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16
- New York Bar Formal Opinion 2024-1: Ethical Issues Arising from the Representation of Two or More Bidders Competing for the Same Asset
- Law Society Practice note – Conflict of interests (updated 27 July 2023)
- DC Bar – Ethics Opinion 383 – Disclosure of Client Confidences or Secrets in Compliance With the Outside Counsel Guidelines of Another Client; Advance Agreement to Withdraw from Representation in the Event of a “Midstream” Conflict
- Revolaze, L.L.C. v. Dentons US L.L.P., 2022-Ohio-1392
Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] EWCA Civ 609
Confidential information: Unsuccessful appeal against an order refusing to restrain solicitors from acting for a defendant where, in earlier similar litigation, the same firm has acted for another defendant against the same claimant in litigation which had been settled through a mediation and confidential settlement. The critical question was whether the information barrier put in place worked, which is a question of fact, in relation to which the burden of proof to show that it did not work was on the applicant. The proposition of law identified in Bolkiah, that an information barrier has to be part of the structure of the firm, did not apply as the solicitors were not in a fiduciary relationship with the applicant. Even though the case involved a small firm of solicitors, the information barrier was effective.
See here.
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