Les Pas Holdings v Receiver Gen. [1995] JLR 163 (18 April 1995)

Les Pas Holdings v Receiver Gen. [1995] JLR 163 (18 April 1995)

A reasonable person would consider the former client's confidentiality likely to be compromised if a partner in a firm represents an opposing party in litigation, despite the existence of an informal information barrier.

Citation
[1995] JLR 163
Parties
Applicant: Les Pas Holdings; Respondent: Receiver General
Jurisdiction
Jersey
Judgment Date
18 April 1995
Procedural Posture
Civil / Judgment
Outcome
application allowed
Legal Topics
Conflict of Interest, Duties of Advocates, Confidentiality
Professional Conduct Legal Ethics Conflict of Interest Duties of Advocates Confidentiality

Case Brief

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Parties

Les Pas Holdings

Applicant

Receiver General

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a partner in a law firm may represent an opposing party in litigation where the firm previously represented the other party before the partner joined, and whether an informal information barrier is sufficient to prevent conflict of interest.

Ratio Decidendi

A reasonable person would consider the former client's confidentiality likely to be compromised if a partner in a firm represents an opposing party in litigation, despite the existence of an informal information barrier.

Court Disposition

application allowed

Orders

  • The partner is not to represent the opposing party in the litigation.