Judgment in Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC)

Judgment was handed down today in the case of Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC). 

This was an application by the Claimants to injunct the Defendants’ solicitors from acting in an IP case relating to drinking glasses. Unusually, the basis for the application was that the Defendants’ solicitors firm had previously acted in other proceedings adverse to the Claimants. The earlier proceedings settled following a confidential mediation and the Claimants alleged that the Defendants’ solicitors were consequently in possession of confidential information which could be misused in the current proceedings.

The Claimants argued that the legal principles to be applied should be the same as that applied in cases where solicitors had previously acted for a client and then “switched sides”. HHJ Hacon found that this would be disproportionate, but considered whether parts of the principles from those cases should be applied. On balance he refused to grant the injunction.

HHJ Hacon granted permission to appeal to the Court of Appeal on the basis that the law in this situation is unsettled.

Stephanie Wickenden (instructed by Virtuoso Legal Limited) acted for the Defendants.

To view the full judgment, please click here.