Abstract:
The Court of Appeal considered whether a law firm should be injuncted from acting against a party whom it had acted against in a prior litigation, where the law firm had purportedly come into confidential information in the course of settlement negotiations. In permitting the law firm to act against the same defendants twice subject to safeguards to protect confidential information, the Court of Appeal optimally balances the competing interests of protecting confidentiality and a party’s right to counsel of choice.