Koch Shipping v Richards Butler - Court of Appeal (Ward, Tuckey and Clarke LJJ) - 22 July 2002

Solicitors - Confidential information - Solicitor in firm acting for claimants in arbitration proceedings and having access to confidential information subsequently joined firm acting for respondents in same proceedings - Whether real risk that solicitor would inadvertently disclose confidential information about claimant to respondents’ case handlers

Shipowners Ariadne Maritime Ltd ("Ariadne") brought arbitration proceedings against charterers Koch Shipping Inc ("Koch"). Ariadne instructed Richards Butler as their solicitors in the arbitration. Koch instructed Jackson Parton where the matter was handed by Jane Peaston. Ms Peaston subsequently left Jackson Parton and joined Richards Butler. Koch were concerned that Ms Peaston had access to confidential information, and they applied for an injunction restraining Richards Butler from continuing to act for Ariadne in the arbitration. At first instance Andrew Smith J granted the injunction.