E-Clear (UK) Plc v Elia 7 ors

E-Clear (UK) Plc v Elia 7 ors

There is no evidence that Field Fisher Waterhouse LLP acted for Mr Elia personally or possessed 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 has not been met.

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 / Ruling on Interlocutory Application
Outcome
application dismissed
Legal Topics
Solicitor Client Relationship, Breach of Confidence, Disqualification of Counsel
Professional Conduct Conflict of Interest Solicitor Client Relationship Breach of Confidence Disqualification of Counsel

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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 / Ruling on Interlocutory Application

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 should be prevented from relying on the witness statement of Kit Jarvis

Ratio Decidendi

There is no evidence that Field Fisher Waterhouse LLP acted for Mr Elia personally or possessed 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 has not been met.

Court Disposition

application dismissed

Orders

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