Z, Re

Z, Re

The husband established a real (though modest) risk that confidential information acquired by Mrs. F during her prior retainer could be triggered and disclosed, compromising fairness. The undertakings and information barriers proposed by F. & Co. were insufficient to eliminate this risk, given the firm's size and Mrs. F's role. The husband's delay in objecting did not amount to acquiescence sufficient to bar relief, but the wife should be compensated for costs incurred during that period.

Parties
Applicant/respondent in Wife's Divorce Proceedings: Husband; Respondent/applicant in Divorce Proceedings: Wife; Wife's Solicitors: F. & Co.
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Family Law (divorce and Financial Proceedings) / Interlocutory Application for Injunction to Restrain Solicitors From Acting
Outcome
Application granted; injunction issued restraining F. & Co. from acting for the wife, subject to terms.
Legal Topics
Conflict of Interest, Confidential Information, Solicitor Disqualification, Information Barriers
Family Law Legal Ethics Professional Conduct Conflict of Interest Confidential Information Solicitor Disqualification Information Barriers

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Parties

Husband

Applicant/respondent in Wife's Divorce Proceedings

Wife

Respondent/applicant in Divorce Proceedings

F. & Co.

Wife's Solicitors

Procedural Posture

Family Law (divorce and Financial Proceedings) / Interlocutory Application for Injunction to Restrain Solicitors From Acting

Legal Issues

  1. 1 Whether F. & Co. (wife's solicitors) should be restrained from acting due to prior confidential relationship between Mrs. F and the husband
  2. 2 Whether adequate information barriers can prevent risk of disclosure of confidential information
  3. 3 Whether the husband's delay in objecting (acquiescence) should bar relief

Ratio Decidendi

The husband established a real (though modest) risk that confidential information acquired by Mrs. F during her prior retainer could be triggered and disclosed, compromising fairness. The undertakings and information barriers proposed by F. & Co. were insufficient to eliminate this risk, given the firm's size and Mrs. F's role. The husband's delay in objecting did not amount to acquiescence sufficient to bar relief, but the wife should be compensated for costs incurred during that period.

Court Disposition

Application granted; injunction issued restraining F. & Co. from acting for the wife, subject to terms.

Orders

  • F. & Co. are restrained from acting for the wife in the divorce and financial proceedings against the husband.
  • The husband must pay the wife £32,500 to compensate for costs incurred during the period of delay before the application was made.