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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2026 » November » 06
LITIGATOR’S LIFELINE 2: WHEN A SOLICITOR MOVES FIRMS: TEN POINTS ON FORMER CLIENTS, CONFIDENTIAL INFORMATION AND INFORMATION BARRIERS

LITIGATOR’S LIFELINE 2: WHEN A SOLICITOR MOVES FIRMS: TEN POINTS ON FORMER CLIENTS, CONFIDENTIAL INFORMATION AND INFORMATION BARRIERS

November 6, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

Earlier this week we looked at a case where a defendant made an application to prevent the claimant’s solicitors continue acting. This was on the basis that a solicitor who he had dealings with at a previous firm had now…

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Recent Posts

  • LITIGATOR’S LIFELINE 2: WHEN A SOLICITOR MOVES FIRMS: TEN POINTS ON FORMER CLIENTS, CONFIDENTIAL INFORMATION AND INFORMATION BARRIERS
  • WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: “THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET”
  • PROVING THINGS 303: PROVING POSTAL SERVICE: “A MERE ASSERTION OF NON-RECEIPT DOES NOT SUFFICE TO REBUT THE PRESUMPTION”
  • COST BITES 453: COSTS AWARD TO A LITIGANT IN PERSON: “… THESE ASSESSMENTS ARE MADE WITH A FAIRLY BROAD BRUSH”: THESE ARE NOT NOMINAL AMOUNTS
  • COST BITES 452: COURT DOES NOT SET ASIDE PREVIOUS COSTS ORDERS MADE IN PROCEEDINGS WHERE THE DEFENDANTS WERE ULTIMATELY SUCCESSFUL

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WRITING LETTERS TO THE JUDGE AFTER A DRAFT JUDGMENT IS CIRCULATED: "THIS IS ABOUT AS FAR AWAY FROM THE CONDUCT OF SOLICITORS CONDUCTING LITIGATION AS IT IS POSSIBLE TO GET"
PROFESSIONAL NEGLIGENCE NEWS 6 : CLAIMANT FAILS TO PROVE SOLICITORS WERE NEGLIGENT IN ADVISING UPON SETTLEMENT (IN FACT IT FAILS TO PROVE A LOT OF OTHER MATTERS AS WELL...)
WHAT YOU SAY (OR DON'T SAY) IN A MEDIATION, AND AFTERWARDS, CAN BE OF CRITICAL IMPORTANCE: COURT SETS ASIDE A SETTLEMENT AGREEMENT AND ORDERS REPAYMENT
BACK TO BASICS MONDAY: WHEN A SOLICITOR APPLIES TO COME OFF THE RECORD: THE NEED FOR EVIDENCE, NOTICE AND PROOF OF SERVICE
THE COURT REFUSES DEFENDANT'S APPLICATION FOR AN ORDER THAT THE CLAIMANT'S SOLICITORS CEASE TO ACT FOR HER: THERE IS NO AUTOMATIC CONFLICT AND EVIDENCE IS REQUIRED

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