Glencairn IP Holdings Ltd v Product Specialities Inc (trading as Final Touch)

Subject Matter

SOLICITOR — Duty — Confidential information — Claimants’ claim compromised by way of settlement agreement containing confidentiality clause binding on parties but not legal representatives — Defendant’s solicitors subsequently acting for different defendants in later claim brought by same claimants — Claimants applying for order restraining solicitors from continuing to act — Whether application falling within special jurisdiction arising where solicitor acting against former client — Whether burden on solicitors to show no risk of misuse of confidential information and prejudice to claimants — Whether solicitors to be restrained from continuing to act

[2020] EWCA Civ 609; [2021] Ch 201; [2020] 3 WLR 810; [2020] WLR(D) 278, CA

Appellate History

Commentary

The IP Kat
What's a fiduciary duty got to do with it? Lawyers, successive parties, and confidentiality Case comment

Blackstones Civil Practice 2023
Conflicts between Clients - Restraining a solicitor from acting 21.8