No need to give up client secrets, court tells solicitors
There is no duty on solicitors to disclose to a client confidential information obtained from another client even when they are acting for both on the same matter, the Court of Appeal confirmed last month.
In Hilton v Barker Booth & Eastwood, the court ruled that although the Blackpool-based firm was wrong to act for two parties in a particular conveyancing transaction, it was not obliged to inform one of the other's previous criminal conviction.
The claimant said this information would have stopped him entering the deal, which later went badly wrong.
Lord Justice Parker added: 'There is no duty on a solicitor to disclose to a client confidential information obtained from another client, save with the informed consent of the other client.'
The claimant failed in his action because he could not show that he would have discovered the previous conviction had he used an independent solicitor.
Blackpool firm John Budd & Co acted for the claimant, Manchester-based James Chapman & Co for Barker Booth.
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