Susanna Heley examines the court’s role in resolving joint privilege and conflicts of interest

Two recent High Court decisions in connection with jurisdiction in stakeholder claims and conflicts of interest demonstrate how the courts may be called upon to resolve irreconcilable compliance questions.

Compliance decisions are often complex, involving multifaceted consideration of competing interests. Risk assessment and taking appropriate steps to manage that risk are nuanced skills and may, as with these cases, require firms to recognise that an issue needs to be determined by the court.  

Most such cases in which the court gets involved will involve competing interests by clients who are willing to incur the costs and risk of litigation. Stakeholder claims where ownership of funds are in issue and conflicts/confid...

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