Cater Allen v Viberts [2001] JRC 159 (25 July 2001)

Cater Allen v Viberts [2001] JRC 159 (25 July 2001)

The respondents, having received confidential and privileged information from the Representor, remain bound by obligations of confidence and privilege. There was no sufficient waiver or release from these obligations. The breach of the professional undertaking and the collapse of the Chinese Wall justified the grant of an injunction to prevent the respondents from acting for parties with adverse interests in the JFSC proceedings.

Citation
[2001] JRC 159
Parties
Representor: Cater Allen Trust Company (Jersey) Limited; Respondents: Viberts
Jurisdiction
Jersey
Judgment Date
25 July 2001
Procedural Posture
Representation / Application for Injunction
Outcome
Injunction granted
Legal Topics
Legal Professional Privilege, Conflict of Interest, Injunctions, Breach of Undertaking
Professional Conduct Legal Ethics Confidentiality Legal Professional Privilege Conflict of Interest Injunctions Breach of Undertaking

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Cater Allen Trust Company (Jersey) Limited

Representor

Viberts

Respondents

Procedural Posture

Representation / Application for Injunction

Legal Issues

  1. 1 Whether the respondents should be injuncted from acting for investors in the Delta Scheme due to conflict of interest and breach of legal professional privilege/confidentiality

Ratio Decidendi

The respondents, having received confidential and privileged information from the Representor, remain bound by obligations of confidence and privilege. There was no sufficient waiver or release from these obligations. The breach of the professional undertaking and the collapse of the Chinese Wall justified the grant of an injunction to prevent the respondents from acting for parties with adverse interests in the JFSC proceedings.

Court Disposition

Injunction granted

Orders

  • Respondents are injuncted from acting for any member of the investor group in the Delta Scheme as per paragraph A of the representation.