Conflict of Interest. LTD Co and DIrector

[sttony]

Thanks for looking.

In a nutshell.... LTD is being sued, and the Director is also being sued in their personal capacity for fraud. A solicitor is for some strange reason acting for both. By any chance, is anyone aware of case law regarding such a conflict. I have been searching but finding other conflicted party cases.

I shall finally get the answer, but was wondering if someone had a case that they remembered.

Many thanks

[R0b]

From a legal perspective, I'm not aware of any case law prohibiting lawyers from acting for both. In property transactions it is possible for the same solicitor to act for the purchase and the mortgage company.

If anything, I suggest you look at the SRA Code of Conduct, see below the 10 overarching principles and then the section around conflict of interest. My initial thoughts are that it's risky acting for both but then again if the limited company is a one-man band, the risk might not be so much.

https://www.sra.org.uk/solicitors/ha...ookprinciples/

https://www.sra.org.uk/solicitors/ha...e/part2/rule3/

[sttony]

THanks Rob - plenty of case law on LTD Co's , shareholders etc. We've already reviewed the above that you mentioned, but thanks for putting up. Keep an eye on in Exeter for case that has similarities as to what I have mentioned. Huge fraud case...... Thanks gains Rob

[R0b]

I'm not sure what exactly it is you are asking for then.

I'm aware that there have been cases in situations where a solicitor acts for one party in proceedings who also acted for the other party to those proceedings, and one party has applied to debar that solicitor from acting because of a risk of disclosure of information, but I've not heard of a case where the same solicitor acts for both and is prevented from doing so.