Albion Plc v Walker Morris (A Firm) [2006] EWCA Civ 429 (19 March 2006)

Albion Plc v Walker Morris (A Firm) [2006] EWCA Civ 429 (19 March 2006)

The judge was entitled to infer that confidential and privileged information had been imparted to the solicitors during their previous retainer, and that such information could be relevant to the current action. The risk of disclosure was not merely fanciful, and the requirements for an injunction were met. There was no misdirection in law or error in the judge's approach, and thus no real prospect of success on appeal.

Citation
[2006] EWCA Civ 429
Parties
Claimant/respondent: Albion PLC; Defendant/appellant: Walker Morris (A Firm)
Jurisdiction
England and Wales
Judgment Date
19 March 2006
Procedural Posture
Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Solicitor Conflict of Interest, Confidential Information, Injunctions
Civil Procedure Professional Conduct Solicitor Conflict of Interest Confidential Information Injunctions

Case Brief

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Parties

Albion PLC

Claimant/respondent

Walker Morris (A Firm)

Defendant/appellant

Procedural Posture

Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether solicitors should be restrained from acting against a former client due to possession of confidential or privileged information relevant to the current action
  2. 2 Whether the risk of disclosure of such information justifies an injunction

Ratio Decidendi

The judge was entitled to infer that confidential and privileged information had been imparted to the solicitors during their previous retainer, and that such information could be relevant to the current action. The risk of disclosure was not merely fanciful, and the requirements for an injunction were met. There was no misdirection in law or error in the judge's approach, and thus no real prospect of success on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Injunction restraining solicitors from acting for the defendants and from disclosing confidential or privileged information remains in force