Chat with us, powered by LiveChat

Glencairn IP Holdings v Product Specialities Inc [2020] EWCA Civ 609

Solicitors' ability to act against same Claimant following settlement at mediation

Appeal from High Court decision.  C had brought proceedings against D over a design.  They sought to restrict D's solicitors from continuing to act on the basis that they had acted for another company at a mediation where a similar IP claim had been settled by C.  D's solicitors maintained that their "Chinese wall" was sufficient to ensure privilege maintained.  Court held that it was for the C to show prejudice.  None was found.  Situation was not comparable to Bolkiah where a solicitor was acting against a former client.

More Cases

Case name
Grijns v Grijns & Ors [2025] EWHC 2853 (Ch)
Subject
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.
Find out more
Case name
Ellis v Ellis & Ors [2025] EWHC 2609 (Ch)
Subject
Costs decision. Consideration of validity of Part 36 offer and reasonableness of failure to mediate at an earlier stage.
Find out more
Case name
Fernandez v Fernandez & Ors [2025] EWHC 2373 (Ch)
Subject
Indemnity costs ordered on basis that losing party failed to engage with offer to mediate.
Find out more

accreditations & partnerships