A Lloyd's Syndicate v X

A Lloyd's Syndicate v X

The Defendant's engagement was limited to providing his view on the Interlocking Clause, and the scope of confidential or privileged information imparted was not extensive. There is no evidence that the Defendant has misused such information, nor is it likely he will do so given the passage of time and lack of detailed recollection. The less stringent test for expert witnesses applies, and the arbitration tribunal has permitted the Defendant to give evidence. The application for injunction is therefore dismissed.

Parties
Claimant: A Lloyd’s Syndicate; Defendant: X
Jurisdiction
England and Wales
Judgment Date
03 October 2011
Procedural Posture
Application for Injunction / Judgment
Outcome
Application dismissed
Legal Topics
Expert Witness Conflict, Confidentiality, Privilege, Injunctions
Civil Procedure Arbitration Professional Ethics Expert Witness Conflict Confidentiality Privilege Injunctions

Case Brief

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Parties

A Lloyd’s Syndicate

Claimant

X

Defendant

Procedural Posture

Application for Injunction / Judgment

Legal Issues

  1. 1 Whether an expert previously engaged by a party can act for the opposing party in a related arbitration involving the same issue
  2. 2 Whether confidential or privileged information was imparted to the expert and whether its misuse is likely
  3. 3 Whether the test for injunction is the risk or inevitability of misuse of privileged information

Ratio Decidendi

The Defendant's engagement was limited to providing his view on the Interlocking Clause, and the scope of confidential or privileged information imparted was not extensive. There is no evidence that the Defendant has misused such information, nor is it likely he will do so given the passage of time and lack of detailed recollection. The less stringent test for expert witnesses applies, and the arbitration tribunal has permitted the Defendant to give evidence. The application for injunction is therefore dismissed.

Court Disposition

Application dismissed