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Conflicts of Interest
Conflicts of Interest
5th Edition
Practice Area:  Litigation
ISBN:  9780414059320
Published by:  Sweet & Maxwell
Publication Date:  22 Jul 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Conflicts of Interest provides authoritative guidance on the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict. It explains in detail the current legal position in various professional sectors (lawyers, accountants, the City, directors, estate agents and insurance brokers). The expert authors provide guidance on avoiding potential conflicts of interest while providing practical advice and remedies for any that do arise.

Now fifteen years since the publication of the first edition, this title continues to be a trailblazer in this highly topical and continually developing legal area. With the increasing internationalization of law firms - one result being that branches of the same firm in different countries might be called upon to act for opposing clients - actual and potential conflicts of interest are on the increase.

Whilst providing an authoritative guide to the law relating to all aspects of conflicts of interest, this title also offers practical guidance on how the problems and risks of conflicts of interest can be avoided or reduced and provides strategies for assessing and managing conflict situations.

Conflicts of Interest is a wide ranging an in-depth text, which offers:

• A chapter considering conflicts arising from takeovers
• Analysis of the issue of judicial conflict as it affects all decision-making tribunals
• Expert guidance on the obligation to disclose information
• Examination and explanation of information barriers (formerly frequently referred to as “Chinese Walls”)
• Consideration of the duty owed to the other side
• Examination of the obligation of a professional who suspects his client of money-laundering or criminal activity to act as whistleblower
• Presentation of the remedies available where a conflict of interest is perceived
• Coverage of all relevant Law Society Rules and UK case law relating to conflicts of interest
• A closer look at Commonwealth jurisprudence relevant to conflicts of interest


The new 5th Edition is entirely up-to-date and covers the following important cases, developments and issues that have arisen since the last edition:

• Judicial conflicts: Resolution Chemicals v H Lundbeck and the judge’s chemistry professor, Watts v Watts, Okritie v Urumov
• Extra-judicial speeches: Sky UK Ltd v Ofcom
• Arbitrators, arbitrations and counsel conflicts: Cofely v Bingham, Sierra Fishing v Farran, W v M , and discussion of current arbitral rules
• Fiduciary duties and non-fiduciary duties of a fiduciary; fiduciary duty distinguished from duty of fidelity and the duty to disclose misconduct: Customer Systems v Ranson
• Does the Bolkiah test apply to in-house lawyers?: Caterpillar v de Crean, Generics v Yeda
• Kelly v Cooper reconsidered: Rossetti Marketing v Diamond Sofa
• Solicitors’ conflicts: Georgian American Alloys v White & Case
• Duty to the other side: Frank Houlgate v Biggart Baillie
• New regulatory rules for the Bar
• Experts acting for both sides: Lloyds Syndicates v X
• Conflicts and contracts: effect of the Consumer Rights Act 2015
• Ambit of the retainer and conflicts: Minkin v Lesley Landsberg

This new 5th Edition of Conflicts of Interest is an essential text for solicitors undertaking work in commercial, litigation and business affairs, Barristers and Judges. The book also aims to provide expert guidance to compliance officers and lawyers and counsel working in-house, especially in the sectors of banking, finance, accountancy, insurance, property and professional indemnity.

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CONTENTS

1. Conflicts of Interest: the Principles
2. Existing Client Conflicts: the Fiduciary Obligation
3. The Double Employment Rule
4. Managing Conflicts by Contract
5. Perception of Impropriety as a Test for Conflicts
6. The Obligation to Disclose Information
7. Information Barriers
8. The Duty to the Other Side
9. Litigation Conflicts
10. Judicial Conflicts
11. The Professional as Whistleblower
12. Solicitors
13. Barristers
14. Accountants
15. Directors
16. Conflicts in the City
17. Estate Agents and Insurance Brokers

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