Source: All England Reporter
Publisher Citation: [2002] All ER (D) 421 (Mar)
Court: Chancery Division

Lightman J

Representation Stephen Moverley Smith (instructed by Roiter Zucker) for the claimant.
  Andrew Thompson (instructed by Jeffrey Green Russell) for the defendants.
Judgment Dates: 25 March 2002


Solicitor - Withdrawal - Application for order that solicitor cease to act for party to litigation - Solicitor acting for first defendant in earlier proceedings - Claimant instructing same solicitor in subsequent proceedings against first defendant and others - Defendants issuing application for orders restraining solicitor from acting for claimant on basis of possessing confidential information relating to first defendant - Whether solicitor should be restrained from representing claimant.

The Case

It was quite clear that the court would restrain a solicitor who was acting for one party from acting against him in subsequent proceedings where there was a real risk that the solicitor would use confidential information obtained whilst acting as solicitor for the former client against the injured party in the later proceedings. In the instant case however, the application would be dismissed as the information could no longer be regarded as confidential, and furthermore, the application should have been made in separate proceedings against the solicitor alone.

Practice Areas

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