Abacus (CI) and Anor -v- Bisson and Ors [2007] JRC 150 (27 July 2007)

Abacus (CI) and Anor -v- Bisson and Ors [2007] JRC 150 (27 July 2007)

There is a real risk that confidential information imparted to Appleby during its retainer with Abacus may be relevant to the Baltic litigation, particularly regarding Abacus' insurance cover, approach to litigation and settlement, and Mr de Figueiredo's conduct as director. The prolonged and intense relationship, combined with the economic interests of Abacus in the Baltic proceedings, satisfies the threshold for intervention. Appleby is restrained from acting for Gamlestaden in the Baltic litigation.

Citation
[2007] JRC 150
Parties
Representor: Abacus; Representor: Mr de Figueiredo; Respondent: Appleby
Jurisdiction
Jersey
Judgment Date
27 July 2007
Procedural Posture
Application / Judgment
Outcome
application granted
Legal Topics
Solicitor Client Confidentiality, Disqualification of Legal Representatives, Confidential Information, Information Barriers
Professional Conduct Conflict of Interest Solicitor Client Confidentiality Disqualification of Legal Representatives Confidential Information Information Barriers

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Parties

Abacus

Representor

Mr de Figueiredo

Representor

Appleby

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether Appleby should be restrained from acting for Gamlestaden due to possession of confidential information from Abacus relevant to Baltic litigation
  2. 2 Whether the possession of confidential information creates a real risk of its relevance to the new proceedings

Ratio Decidendi

There is a real risk that confidential information imparted to Appleby during its retainer with Abacus may be relevant to the Baltic litigation, particularly regarding Abacus' insurance cover, approach to litigation and settlement, and Mr de Figueiredo's conduct as director. The prolonged and intense relationship, combined with the economic interests of Abacus in the Baltic proceedings, satisfies the threshold for intervention. Appleby is restrained from acting for Gamlestaden in the Baltic litigation.

Court Disposition

application granted

Orders

  • Appleby is restrained from acting for Gamlestaden in the Baltic litigation.