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CIVIL LITIGATION

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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