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22 January 2009 / Simon Love , Richard Burger
Issue: 7353 / Categories: Features , Regulatory , Data protection , Other practice areas
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Liability matters

An update on regulation, risk management and liability by Simon Love & Richard Burger

The recent decision in Simon Winters v Mishcon de Reya [2008] EWHC 2419 (Ch), [2008] All ER (D) 123 (Oct) considered the obligations of solicitors in a relatively common situation: where a firm acting for a company or organisation finds itself also providing advice to the individual director or officer instructing the firm on behalf of the client.

Mr Winters was the chief executive of a prominent Jewish charity, the Jewish National Fund (JNF). He sought an injunction against the defendant firm of solicitors, seeking to prevent a perceived breach of confidence by them. The defendant firm were acting for the JNF in relation to the termination of Mr Winters’ employment.
  • The court considered the following issues:
  • Was there a separate retainer between Mr Winters and the defendants?
  • Did the defendants hold information confidential to Mr Winters?
  • Was Mr Winters entitled to restrain the defendants from acting for the JNF on the basis of alleged misuse of
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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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