Arnage Holdings Ltd et al v Walkers (a Firm) - Judgment
Action against attorneys for breaches of duties of confidence, trust and loyalty - application for summary judgment on basis that there is no arguable defence - existence of the lawyer client relationships - the Trillium Indicia for the identification of the relationships - acceptance of conflicting retainer - disclosure of confidential information to party hostile to clients - whether to be excused because any other reasonably competent attorney would have obtained disclosure in light of clients' obligation to disclose - distinction between fiduciary and contractual duties- continuing nature of the duty of confidence beyond termination of retainer. Causation of loss - actionable breaches of fiduciary duties of trust and confidence - whether causation of loss must be proven - liability in equity - equitable compensation - whether common law principles of causation and foreseeability applicable - equitable remedy of account for profits - election between an account and equitable compensation - liability for loss resulting from breach of professional code of conduct - whether also in public interest to enforce - Myers v Elman wasted costs jurisdiction - whether appropriate to invoke in circumstances of case. Jurisdiction to grant summary judgment on liability with loss or damages to be assessed applicable principles - whether some loss to be proven at summary judgment stage. Foreign proceedings - Defendant's cross - application to strike out Plaintiffs' claims on grounds of abuse of process - whether abuse of process of Cayman Court to seek to recover losses resulting from Brazilian bankruptcy and regulatory proceedings - defence of illegality - whether a defence to claims for losses arising from alleged but unproven dishonest conduct and where no pleaded reliance on that conduct. Res judicata in the wider sense - Henderson principle - whether plea in bar can be based on preclusive effect of foreign proceedings - application of doctrines of privity of parties and mutuality of estoppel.
All PDF copies on file (2)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | FSD 0105/2014 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | Arnage Holdings Ltd et al v Walkers (a Firm) - Judgment |
| Judgment Date | 2019-05-16 |
| Subject | Action against attorneys for breaches of duties of confidence, trust and loyalty - application for summary judgment on basis that there is no arguable defence - existence of the lawyer client relationships - the Trillium Indicia for the identification of the relationships - acceptance of conflicting retainer - disclosure of confidential information to party hostile to clients - whether to be excused because any other reasonably competent attorney would have obtained disclosure in light of clients' obligation to disclose - distinction between fiduciary and contractual duties- continuing nature of the duty of confidence beyond termination of retainer. Causation of loss - actionable breaches of fiduciary duties of trust and confidence - whether causation of loss must be proven - liability in equity - equitable compensation - whether common law principles of causation and foreseeability applicable - equitable remedy of account for profits - election between an account and equitable compensation - liability for loss resulting from breach of professional code of conduct - whether also in public interest to enforce - Myers v Elman wasted costs jurisdiction - whether appropriate to invoke in circumstances of case. Jurisdiction to grant summary judgment on liability with loss or damages to be assessed applicable principles - whether some loss to be proven at summary judgment stage. Foreign proceedings - Defendant's cross - application to strike out Plaintiffs' claims on grounds of abuse of process - whether abuse of process of Cayman Court to seek to recover losses resulting from Brazilian bankruptcy and regulatory proceedings - defence of illegality - whether a defence to claims for losses arising from alleged but unproven dishonest conduct and where no pleaded reliance on that conduct. Res judicata in the wider sense - Henderson principle - whether plea in bar can be based on preclusive effect of foreign proceedings - application of doctrines of privity of parties and mutuality of estoppel. |
| Filename (current) | 19-05-16-Arnage-Holdings-Ltd-et-al-v-Walkers-a-Firm.pdf |
| File MD5 | 8ad3da5df64d3114dd110514ead2d502 |
| Source pipeline | pdb |
| PDB record ID | 3896 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository2/19-05-16-Arnage-Holdings-Ltd-et-al-v-Walkers-a-Firm.pdf |