By Marotta

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It seems to me impracticable and even absurd to say that they are under a duty to reveal to each client, and use for his benefit, any knowledge possessed by any one of the partners or staff. 77 It is Staughton LJ’s dissenting judgment which is closest to Rakusen, both in wording and application, although the majority also claimed to follow that early case. 5. Applying the Principles For some years it was thought that the matter had been resolved. Following Re a Firm of Solicitors (1992),78 it seemed that a solicitor could not act against a former client if the firm had prior to that received relevant confidential information.

On the issue of whether the solicitor is possessed of relevant confidential information: (a) it is in general not sufficient for the client to make a general allegation that the solicitor is in possession of relevant confidential information if this is in issue: some particularity as to the confidential information is required. But the degree of particularity required must depend upon the facts of the particular case, and in many cases identification of the nature of the matter on which the solicitor was instructed, the length of the original retainer and the date of the proposed fresh retainer and the nature of the subject matter for practical purposes will be sufficient to establish the possession by the solicitor of relevant confidential information.

The difficulty for KPMG in being asked to investigate Prince Jefri was that the firm had acted as forensic auditors for the Prince some two years previously in connection with a major dispute in which he had been involved. Whilst acting in this matter they had obtained full knowledge of his financial affairs over the preceding 14 years. KPMG concluded that, as the Prince was no longer a client, there was no conflict. They decided, however, that they still owed him a duty of confidentiality which they sought to maintain by establishing a Chinese wall.

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La cittadinanza romana in eta imperiale by Marotta


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