Solicitors operating in many fields, but particularly those with specialist litigation/arbitration practices, will have been concerned by the recent decision of Mr Justice Andrew Smith in Koch Shipping Inc v Richards Butler. He granted an injunction against Richards Butler restraining it from acting for a shipping client on whose behalf it had started arbitration proceedings against Koch some two years before.

The injunction proceedings followed the recruitment by Richards Butler of a consultant who had, until then, been acting for Koch in the arbitration. Koch was concerned that there be no disclosure by its former solicitor of confidential information to the Richards Butler team on the other side. Richards Butler, conscious of the problem, arranged for its new consultant to have her office on a different floor from the team handling the arbitration, with physically separate secretarial, photocopying etc. arrangements.

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