TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_21 (07 March 2019)

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_21 (07 March 2019)

The court found that Turcan Connell possessed confidential information relating to the petitioner that was relevant and potentially prejudicial in the divorce proceedings. The information barriers implemented by TC were ad hoc and only instituted after the risk was raised, with evidence of access by staff not directly involved in the case. The court held that TC had not discharged the burden of demonstrating that effective measures were in place to eliminate the risk of disclosure to an acceptable level. Accordingly, the risk to the integrity of the judicial process and the petitioner's interests justified the granting of interdict.

Citation
[2019] ScotCS CSOH_21
Parties
Petitioner: Kae Alexandra Tinto or Murray; Respondent: Turcan Connell (TC)
Jurisdiction
Scotland
Judgment Date
07 March 2019
Procedural Posture
Petition for Interdict / Final Judgment After Full Hearing
Outcome
Interdict granted
Legal Topics
Conflict of Interest, Confidential Information, Solicitor's Duties, Divorce Proceedings, Interdict
Family Law Legal Ethics Civil Procedure Conflict of Interest Confidential Information Solicitor's Duties Divorce Proceedings Interdict

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Parties

Kae Alexandra Tinto or Murray

Petitioner

Turcan Connell (TC)

Respondent

Procedural Posture

Petition for Interdict / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether Turcan Connell should be interdicted from acting for Sir David Murray in divorce proceedings due to possession of confidential information relating to the petitioner.
  2. 2 Whether the information barriers and safeguards implemented by Turcan Connell are sufficient to prevent risk of disclosure of confidential information.

Ratio Decidendi

The court found that Turcan Connell possessed confidential information relating to the petitioner that was relevant and potentially prejudicial in the divorce proceedings. The information barriers implemented by TC were ad hoc and only instituted after the risk was raised, with evidence of access by staff not directly involved in the case. The court held that TC had not discharged the burden of demonstrating that effective measures were in place to eliminate the risk of disclosure to an acceptable level. Accordingly, the risk to the integrity of the judicial process and the petitioner's interests justified the granting of interdict.

Court Disposition

Interdict granted

Orders

  • Turcan Connell is interdicted from acting for Sir David Murray in the divorce proceedings against the petitioner.
  • Costs and further procedural directions to be determined as appropriate.