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

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

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.

Citation
[2007] JLR 499
Parties
Former Client: Abacus (C. I.) Ltd.; Advocate: Appleby
Jurisdiction
Jersey
Judgment Date
27 July 2007
Procedural Posture
Restraining Order / Judgment
Outcome
Advocate may be restrained from acting for new client
Legal Topics
Advocate Duties, Client Confidentiality, Conflict of Interest
Professional Ethics Confidentiality Advocate Duties Client Confidentiality Conflict of Interest

Case Brief

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Parties

Abacus (C. I.) Ltd.

Former Client

Appleby

Advocate

Procedural Posture

Restraining Order / Judgment

Legal Issues

  1. 1 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

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.

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