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
