header-logo header-logo

22 January 2009 / Simon Love , Richard Burger
Issue: 7353 / Categories: Features , Regulatory , Data protection , Other practice areas
printer mail-detail

Liability matters

An update on regulation, risk management and liability by Simon Love & Richard Burger

The recent decision in Simon Winters v Mishcon de Reya [2008] EWHC 2419 (Ch), [2008] All ER (D) 123 (Oct) considered the obligations of solicitors in a relatively common situation: where a firm acting for a company or organisation finds itself also providing advice to the individual director or officer instructing the firm on behalf of the client.

Mr Winters was the chief executive of a prominent Jewish charity, the Jewish National Fund (JNF). He sought an injunction against the defendant firm of solicitors, seeking to prevent a perceived breach of confidence by them. The defendant firm were acting for the JNF in relation to the termination of Mr Winters’ employment.
  • The court considered the following issues:
  • Was there a separate retainer between Mr Winters and the defendants?
  • Did the defendants hold information confidential to Mr Winters?
  • Was Mr Winters entitled to restrain the defendants from acting for the JNF on the basis of alleged misuse of that confidential information?
The defendants had acted for the
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll