CONFLICTS OF INTEREST & CHINESE WALLS

By Charles Hollander Q.C. & Simon Salzedo

EXTRACTS FROM PAGE 216

E. Sharing chambers and facilities

Many foreign lawyers and professionals are surprised that barristers who share chambers are not inhibited from arguing cases against each other members of the same chambers with whom they share expenses and facilities, sometimes appearing in front of Judges who were themselves former members of the same chambers.

…it was that the sharing of facilities, information and clerking were likely to be inadequate to provide a sufficient Chinese Wall under the stringent test set by the House of Lords. The judge said that the position was not comparable, because barristers were independent self-employed practitioners.

EXTRACT FROM PAGE 217

The fear that professional confidences will be made light of over chambers tea or in the circuit mess is one that often should not be ignored. Allegations as to chambers gossip led to an unsuccessful attempt to remove counsel in Pavel v Sony.86 It became apparent in the course of acrimonious patent proceedings that Robin Jacob Q.C., leader of the Sony team prior to his appointment as a High Court Judge, had discussed certain aspects of the case with a close colleague in chambers, Hugh Laddie Q.C. (also subsequently a High Court Judge87). When Mr Laddie appeared for Pavel’s patent attorneys opposing Sony’s application for a wasted costs order and on issues as to maintenance of the action, Sony objected. Mr Laddie said he could remember nothing of any such conversations.88

86 Unreported, April 12, 1995.

87 Laddie J. decided the Young v Robson Rhodes case.

88 “Mr Carman urged Mr Laddie to take advice on his position, perhaps from the Chairman of the Bar. Mr Laddie replied that he had no need to take independent advice; that he was a grown up; that he had discussed the matter with his junior and his solicitors and was satisfied that he was not embarrassed.”

EXTRACTS END

Conflicts of Interest & Chinese Walls - Google Books Result

by Charles Hollander, Simon Salzedo - 2004 - Law - 350 pages

Charles Hollander QC has wide experience in many areas of commercial law. Simon Salzedo practiced as an accountant before going to the Bar. ...

books.google.com/books?isbn=042187810X...