Albion Plc v Walker Morris (A Firm)

Albion Plc v Walker Morris (A Firm)

The judge was entitled to infer that confidential and privileged information had been imparted to the solicitors during their previous retainer, that such information may be relevant to the current action, and that there was a real risk of disclosure. The requirements for an injunction were met, and there was no misdirection in law or error in the judge's approach.

Parties
Claimant/respondent: Albion PLC; Defendant/appellant: Walker Morris (A Firm)
Jurisdiction
England and Wales
Judgment Date
19 March 2006
Procedural Posture
Civil 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 Ethics 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

Civil 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, that such information may be relevant to the current action, and that there was a real risk of disclosure. The requirements for an injunction were met, and there was no misdirection in law or error in the judge's approach.

Court Disposition

Application for permission to appeal refused

Orders

  • Injunction restraining solicitors from acting for the defendants and from disclosing confidential or privileged information upheld