Gus Consulting GmbH v Leboeuf Lamb Greene & Macrae

Gus Consulting GmbH v Leboeuf Lamb Greene & Macrae

Provided Leboeuf gives formal undertakings acceptable to the court, the risk of disclosure is theoretical and not real; the ethical wall and undertakings are adequate to protect CAIB's confidential information, and the application for injunction is refused.

Parties
Claimant: GUS Consulting GMBH; Defendant: Leboeuf Lamb Greene & Macrae
Jurisdiction
England and Wales
Judgment Date
21 October 2005
Procedural Posture
Application for Injunction Under Section 44 of the Arbitration Act 1996 / Substantive Hearing and Judgment
Outcome
Application for injunction refused, subject to satisfaction with undertakings offered by Leboeuf.
Legal Topics
Breach of Confidence, Solicitor Client Privilege, Ethical Walls, Conflict of Interest
Arbitration Professional Ethics Confidentiality Breach of Confidence Solicitor Client Privilege Ethical Walls Conflict of Interest

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Parties

GUS Consulting GMBH

Claimant

Leboeuf Lamb Greene & Macrae

Defendant

Procedural Posture

Application for Injunction Under Section 44 of the Arbitration Act 1996 / Substantive Hearing and Judgment

Legal Issues

  1. 1 Whether Leboeuf possesses confidential information relevant to the arbitration and to which CAIB has not consented to disclosure
  2. 2 Whether Leboeuf has shown there is no real risk of disclosure or misuse of confidential information

Ratio Decidendi

Provided Leboeuf gives formal undertakings acceptable to the court, the risk of disclosure is theoretical and not real; the ethical wall and undertakings are adequate to protect CAIB's confidential information, and the application for injunction is refused.

Court Disposition

Application for injunction refused, subject to satisfaction with undertakings offered by Leboeuf.

Orders

  • Leboeuf to provide formal undertakings to the court regarding non-disclosure and physical separation of teams within seven days.