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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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