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26 June 2008
Issue: 7327 / Categories: Case law , Law digest
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CIVIL LITIGATION

British Sky Broadcasting Group plc and another v Virgin Media Communications Ltd (formerly NTL Communications Ltd) and others [2008] EWCA Civ 612, [2008] All ER (D) 57 (Jun)

It is desirable that a litigant should be free to instruct the lawyer of his choice. This is particularly true if the lawyer is already acting for the client and the client wishes the lawyer to continue to act in a related manner. It is usually enough to rely upon the recognition by a solicitor of the duty not to make any ulterior use of information obtained by disclosure.

The court rejected counsel’s submission that the duty not to make ulterior use of disclosed documents is identical to the obligation of confidentiality that exists between a solicitor and his own client. The difference is that in the former case the court can give permission for the use of a disclosed document for a purpose other than the action in which it was disclosed. It is not correct to say that if discovery discloses that the defendant has caused the claimant an injury other than that in respect of which the action has been brought, it will never be appropriate for the court to permit the claimant to seek redress in respect of it.

Issue: 7327 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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