* Conflicts of Interest 7th ed

NOT YET PUBLISHED

Conflicts of Interest is an essential work that provides a comprehensive examination of the law relating to conflicts of interest. This authoritative resource offers guidance on the core principles of conflict law, its obligations and duties, offering practitioners and researchers a thorough understanding of this crucial area. It helps the user avoid potential conflicts of interest and provides practical advice and remedies for those that arise. The work covers:

• the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict
• the double employment rule
• managing conflicts by contract
• perception of impropriety as a test for conflicts
• obligations to disclose and information barriers
• the practicalities of litigating conflicts
• the duty to the other side
• obligation to blow the whistle on a client
• judicial conflicts, including bias and apparent bias
• the current legal position in various professional sectors: lawyers, accountants, the City, directors, estate agents and insurance brokers.

The seventh edition has been fully updated, including a wholesale revision of the Arbitration chapter to reflect the decisions in Aiteo and in Halliburton v Chubb. It also covers a number of key recent cases, including:

• The recent Supreme Court decision on motor finance, Hopcraft v Close Brothers, which clarifies when fiduciary obligations arise, particularly significant for brokers and intermediaries dealing with "secret" commissions and conflicts of interest
• Recovery Partners v Rukhadze, an important authority on equitable remedies in conflict situations
• The Court of Appeal decision in A firm v Secretariat, which appears to extend conflict of interest rules beyond individual companies to other group companies within corporate groups
• Ashraf v Lester Dominic Solicitors, which re-evaluates principles regarding professional duties to the other side
• UK Trucks Claim Ltd v Stellantis, which addresses conflicts between class members in group litigation
• Staechelin v ACLBDD Holdings Ltd, which discusses the question of whether conflicted professionals can be deprived of their fees

table of content

Conflicts of Interest: The Principles

Existing Client Conflicts: The Fiduciary Obligation

The Double Employment Rule

Managing Conflicts by Contract

Perception of Impropriety as a Test for Conflicts

The Obligation to Disclose Information

Information Barriers

Litigating Conflicts

The Duty to the Other Side

Blowing the Whistle on the Client

Judicial Conflicts: Bias and Apparent Bias

Juries, Tribunals and other Decision-Makers

Judicial Conflicts: Applying the Principles

Arbitration

Solicitors

Barristers

Accountants

Directors

Conflicts in the City

Estate Agents and Insurance Brokers