Jersey Judgment

Abacus (C.I.) Ltd. v Appleby [2007] JLR 499 (27 July 2007)

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Professional case brief

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Source document

01

Holding and result

A real (not fanciful or theoretical) risk of relevant confidential information being used against a former client justifies restraining an advocate from acting for an adverse new client; such risk may be inferred from an intense and prolonged relationship concerning the performance of a director.

Court disposition

Advocate may be restrained from acting for new client

Orders

  • Advocate restrained from acting for new client where real risk of misuse of confidential information exists

02

Material facts

Parties

Abacus (C. I.) Ltd.

Former Client

Appleby

Advocate

03

Procedural history

  1. Posture

    Restraining Order / Judgment

04

Questions and positions

Legal issues

Whether a former client may restrain an advocate from acting for a new client due to possession of confidential information relevant to proceedings where interests are adverse

Party arguments

Applicant
The advocate possesses confidential information relevant to proceedings where the new client's interests are adverse to the former client, creating a real risk of misuse.
Respondent
The risk of misuse of confidential information is not real but fanciful or theoretical; the former client must specify examples of alleged possession.

05

Court’s reasoning

  1. 01

    Jersey Law Reports [2007] JLR 499

    An advocate may be restrained by a former client from acting for a new client if the advocate possesses confidential information that is or may be relevant to proceedings in which the interests of the new client are adverse to the former client.

06

Ratio, limits and disposition

Ratio decidendi

A real (not fanciful or theoretical) risk of relevant confidential information being used against a former client justifies restraining an advocate from acting for an adverse new client; such risk may be inferred from an intense and prolonged relationship concerning the performance of a director.

Obiter and limits

  • Former client usually required to specify examples of alleged possession of relevant confidential information, but inference is possible in cases of intense and prolonged relationship.

Court disposition

Advocate may be restrained from acting for new client

  • Advocate restrained from acting for new client where real risk of misuse of confidential information exists

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2007] JLR 499

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BAILII >> Databases >> Jersey Law Reports >> Abacus (C. I.) Ltd. v Appleby [2007] JLR 499 (27 July 2007) URL: https://www.bailii.org/je/cases/JLR/2007/JLR070499.html Cite as: [2007] JLR 499 [ New search ] [ Help ] Abacus (C. I.) Ltd. v Appleby 2007 JLR 499 (27 July 2007) Advocates-duties to client-confidentiality-may be restrained by former client from acting for new client if possesses confidential information that is or may be relevant to proceedings in which interests of new client adverse to former client-confidential information "may be" relevant if real (not fanciful or theoretical) risk-former client usually required to specify examples of alleged possession of relevant confidential information but may be inferred, e.g. if intense and prolonged relationship with advocate concerning general performance of particular director against whom new client alleges breach of duty The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2007 JLR 499 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2007/JLR070499.html

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[2007] JLR 499

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