Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] 3 WLR 810, [2020] FSR 30, [2021] Ch 201

Stephanie Wickenden acted as sole counsel for the successful appellants in the Court of Appeal that created new precedent in respect of solicitors’ conflicts. The Appellants/Defendants’ solicitors previously acted for another defendant in a case brought by the same claimant where the facts had some overlap, and which was resolved by a confidential mediation. The Court found that the principles to be applied were not the same as those in former clients, but that there was a potential for a conflict of duties owing to the confidential information received through the previous mediation. On the facts, the solicitors had not breached any duty as they had implemented an appropriate information barrier.

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