Conflict of Interest

In RE T and another (CA LSG 20 January)

In care proceedings the firm of the solicitor instructed by the guardian ad litem had previously acted for the father in unrelated proceedings. In dismissing an appeal against the judge’s finding there was no real risk of the disclosure of confidential information concerning the father, the court held that there had to be a real, as opposed to a fanciful, risk of the disclosure of confidential information; that in care proceedings it was important that the enquiry made by the court should be independent; that it was advisable for the solicitors to run computer checks not only when instructed in a case but also when a party was joined.