Solicitor—Duty—Duty of confidentiality to the client

Where a solicitor acts on a joint retainer by two or more clients in relation to the same matter, subject to any agreement between them to the contrary, there is generally no obligation on the solicitor to keep his communications with one of those clients confidential from the other; his obligation of confidence to his joint clients can only be released by all of them acting together.

Reuben Comiskey (instructed by Stephenson Harwood) for the claimant. Donald Lilly (instructed by Stockler Brunton) for the defendants.

The claimant was an insolvency practitioner. He retained the defendants as his solicitors in litigation which he undertook as liquidator of a company (9 MD) against a former director of 9 MD (the English proceedings). The claimant alleged that the defendants also provided legal advice and assistance to him, albeit falling short of a formal retainer, in connection with proceedings brought against