The tribunal disbarred Hoskinson after finding him guilty of conflict of interest,
acting against a former client, and attempting to subvert a law society investigation by misleading investigators.
In his Judgment, Justice Burnett of the Divisional Court held that the «no real risk» test laid down in by the House of Lords in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to
act against his former client.»
In order to determine the existence of a conflict of interest, a lawyer should consider whether the representation of the current client in a matter includes
acting against a former client.
* The definition of client * The definition of conflict of interest * The rule related to acting against current clients * The rule related to
acting against former clients
Was the past transaction involving your former client connected to the present transaction in which you are seeking to
act against your former client?
Not exact matches
When a
former client accused him of
acting in conflict of interest, lawyer Williams Hoskinson brought an action
against the
client, Rodney Slagter, on the basis that he never
acted for Slagter and his company.
Sole practitioners are not required to carry Innocent Party coverage; however if you choose not to purchase this coverage, you should appreciate that your policy will NOT protect you or your
clients against the dishonest, fraudulent, criminal or malicious
acts or omissions of
former partners, associates, and employed lawyers.
Notable examples include
acting for accountants in long - running litigation arising out of a failed tax avoidance scheme;
acting for the developer and manufacturer of an offshore drilling system following an accident in operation; representing one of the Defendants in Novoship v Mikhaylyuk & Others, concerning allegations of bribery and secret profits; appearing in a substantial LCIA arbitration about the theft of oil stocks in East Africa;, successfully representing a broker in litigation
against a
former client under a futures brokerage contract in Sucden v Fluxo - Cane [2010] 2 CLC 216; and The «Ekha» [2011] 1 All ER Comm 1077, long - running litigation in the Commercial Court and Court of Appeal about an offshore drilling contract.
Highlights included
acting for Omega Atlantic Limited in its professional negligence claim
against GVA Grimley related to funding advice, and are representing Univer Manufacturing in a claim
against its
former solicitors alleging that the firm's drafting of an exclusive distribution agreement and indefinite IP licence failed to protect the
client's interest causing substantial loss.
The firm continues to handles professional negligence matters for longstanding
clients, including Paragon Mortgages and Idem Capital Securities; Frances Mitchell is continuing to
act for the
former in multiple claims
against a firm of solicitors concerning alleged breaches of duty over buy - to - let mortgages.
Acting for a leading Middle Eastern broadcaster in a complex fraud claim
against the
client's
former directors