header-logo header-logo

22 January 2009 / Simon Love , Richard Burger
Issue: 7353 / Categories: Features , Regulatory , Data protection , Other practice areas
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll