Vanessa van Breda & Mark Surguy approach the conflicting forces of duty & disclosure
A solicitor has duties to his client and the court during the disclosure process. Increasingly a tension occurs between the two, especially as in-house counsel seeks to control more of the process to manage costs This article explores the tensions in the light of Common Market Commercial Services AVV (CMCS) v Taylor and Taylor v Stoutt, CMCS and Jakober [2011] EWHC 324 (Ch), [2011] All ER (D) 269 (Feb) (CMCS).
Brief facts of CMCS
The proceedings arose out of a dispute over the beneficial ownership of a property following a divorce. The property was owned by a Netherlands Antilles bearer share company owned or controlled by a Swiss national living in Geneva.
The company sought possession of the property and the wife sought a transfer to herself on the basis that the funds to acquire the property came from the husband. She sought disclosure from the Swiss national in order to prove the origin of the funds. The company and the Swiss
