Read the full judgment text of HCA 10844/1994 on BabelCite. This High Court CFI judgment was delivered on 24 December 2010 before Hon To J.
Criminal law – breach of confidence – exemplary damages – solicitor-client relationship – conflict of interest – perjury – fraud on the court – quasi-client – confidential information – matrimonial proceedings – bankruptcy proceedings – disciplinary proceedings – The Plaintiff, a barrister, sought legal advice from the 2nd Defendant, a solicitor, through his sister Alison during a telephone conversation on 13 May 1994. Confidential information regarding the Plaintiff's matrimonial proceedings against his Wife was imparted. The Defendants subsequently acted for the Wife in the same proceedings. The Court found the Defendants breached their duty of confidence owed to the Plaintiff as a quasi-client. The 2nd Defendant committed perjury by filing false affidavits to continue acting for the Wife and instituted bankruptcy proceedings against the Plaintiff in a conflict of interest. Whether there was a concluded oral retainer: No. Whether information was confidential: Yes. Whether breach occurred: Yes. Whether exemplary damages appropriate: Yes. Award of exemplary damages in the amount of HK$2,140,000 together with interest. Direction to the Law Society to commence disciplinary proceedings against the 2nd Defendant and to consider removing him from the roll of solicitors. Costs on indemnity basis.
Legal issues: Relationship of solicitors and client · Information imparted during the 1st Call · Confidentiality of information · Duty not to divulge information · Breach of duty of confidentiality · Damage suffered · Award of exemplary damages
Outcome: Exemplary damages awarded to Plaintiff; Direction to Law Society for disciplinary proceedings.
Cited by 2 cases · Cites 2 cases