E-Clear (UK) Plc v Elia 7 ors [2012] EWHC 1195 (Ch) (18 April 2012)

E-Clear (UK) Plc v Elia 7 ors [2012] EWHC 1195 (Ch) (18 April 2012)

There is no evidence that Field Fisher Waterhouse LLP acted for Mr Elia personally or possesses confidential information relevant to the current proceedings. The applicant failed to discharge the burden of proof required to restrain the solicitors from acting. The test in Bolkiah is not met.

Citation
[2012] EWHC 1195 (Ch)
Parties
Claimant: E-Clear (UK) PLC (In liquidation); First Defendant: Elias Elia; Second Defendant: Ian Defty (as Trustee in Bankruptcy for the estate of Elias Elia); Third Defendant: Mili Petrou Elia
Jurisdiction
England and Wales
Judgment Date
18 April 2012
Procedural Posture
Application / Interlocutory Application for Solicitors to Cease Acting Due to Alleged Conflict of Interest
Outcome
Application dismissed
Legal Topics
Conflict of Interest, Solicitor Client Relationship, Confidential Information, Injunction to Restrain Solicitors
Civil Procedure Professional Conduct Conflict of Interest Solicitor Client Relationship Confidential Information Injunction to Restrain Solicitors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

E-Clear (UK) PLC (In liquidation)

Claimant

Elias Elia

First Defendant

Ian Defty (as Trustee in Bankruptcy for the estate of Elias Elia)

Second Defendant

Mili Petrou Elia

Third Defendant

Procedural Posture

Application / Interlocutory Application for Solicitors to Cease Acting Due to Alleged Conflict of Interest

Legal Issues

  1. 1 Whether Field Fisher Waterhouse LLP should be restrained from acting for the claimant due to alleged conflict of interest and misuse of confidential information
  2. 2 Whether the claimant is permitted to rely on the witness statement of Kit Jarvis

Ratio Decidendi

There is no evidence that Field Fisher Waterhouse LLP acted for Mr Elia personally or possesses confidential information relevant to the current proceedings. The applicant failed to discharge the burden of proof required to restrain the solicitors from acting. The test in Bolkiah is not met.

Court Disposition

Application dismissed

Orders

  • Field Fisher Waterhouse LLP may continue to act for the claimant
  • The claimant is permitted to rely on the witness statement of Kit Jarvis