Stiedl v Enyo Law LLP & Ors [2011] EWHC 2649 (Comm) (18 October 2011)

Stiedl v Enyo Law LLP & Ors [2011] EWHC 2649 (Comm) (18 October 2011)

There is no real risk of prejudice to the applicant arising from the Tier 1 review of his privileged/confidential documents by the solicitors, as the review was superficial, conducted by junior staff, and there is no evidence that substantive information was obtained, recalled, or used. The appropriate remedy in such circumstances is to restrain use of the information, not to disqualify the solicitors from acting. Disqualification would be disproportionate and unjustified on the facts.

Citation
[2011] EWHC 2649 (Comm)
Parties
Claimant: Bjorn Stiedl; First Defendant: Enyo Law LLP; Second Defendant: Addleshaw Goddard LLP; Third Defendant: The Individual Subscribers to the Innovator and Gentech Technology Schemes Litigation
Jurisdiction
England and Wales
Judgment Date
18 October 2011
Procedural Posture
Application for Injunction/disqualification of Solicitors / Judgment on Application Prior to Trial of Main Proceedings
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Solicitor Disqualification, Confidential Information, Disclosure, Equitable Relief
Civil Procedure Legal Profession Injunctions Legal Professional Privilege Solicitor Disqualification Confidential Information Disclosure Equitable Relief

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Parties

Bjorn Stiedl

Claimant

Enyo Law LLP

First Defendant

Addleshaw Goddard LLP

Second Defendant

The Individual Subscribers to the Innovator and Gentech Technology Schemes Litigation

Third Defendant

Procedural Posture

Application for Injunction/disqualification of Solicitors / Judgment on Application Prior to Trial of Main Proceedings

Legal Issues

  1. 1 Whether solicitors (Enyo Law LLP and Addleshaw Goddard LLP) should be restrained from acting for claimants due to possession/review of privileged/confidential documents belonging to the applicant
  2. 2 Whether there is a real risk of prejudice to the applicant if solicitors continue to act
  3. 3 What is the appropriate remedy where privileged/confidential information comes into the hands of a solicitor with no prior solicitor-client relationship

Ratio Decidendi

There is no real risk of prejudice to the applicant arising from the Tier 1 review of his privileged/confidential documents by the solicitors, as the review was superficial, conducted by junior staff, and there is no evidence that substantive information was obtained, recalled, or used. The appropriate remedy in such circumstances is to restrain use of the information, not to disqualify the solicitors from acting. Disqualification would be disproportionate and unjustified on the facts.

Court Disposition

Application dismissed

Orders

  • Enyo Law LLP may continue to represent the claimants in the main proceedings, provided no use is made of the identified prima facie privileged documents pending further order.