Conflict of Interest in UK Law

Leading Cases
  • Toth v Jarman
    • Court of Appeal (Civil Division)
    • 19 Jul 2006

    Where an expert has a material or significant conflict of interest, the court is likely to decline to act on his evidence, or indeed to give permission for his evidence to be adduced. This means it is important that a party who wishes to call an expert with a potential conflict of interest should disclose details of that conflict at as early a stage in the proceedings as possible.

  • Bhullar v Bhullar
    • Court of Appeal (Civil Division)
    • 31 Mar 2003

    The relevant rule, which Lord Cranworth LC in Aberdeen Railway Co v. Blaikie described as being "of universal application", and which Lord Herschell in Bray v. Ford [1896] AC 44 at 51, described as "inflexible", is that (to use Lord Cranworth's formulation) no fiduciary "shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which may possibly conflict, with the interests of those whom he is bound to protect".

  • Bolkiah (Prince Jefri) v KPMG (A Firm)
    • House of Lords
    • 18 Dic 1999

    It is otherwise where the court's intervention is sought by an existing client, for a fiduciary cannot act at the same time both for and against the same client, and his firm is in no better position. His disqualification has nothing to do with the confidentiality of client information. It is based on the inescapable conflict of interest which is inherent in the situation.

    The court's jurisdiction cannot be based on any conflict of interest, real or perceived, for there is none. Thereafter the solicitor has no obligation to defend and advance the interests of his former client. The only duty to the former client which survives the termination of the client relationship is a continuing duty to preserve the confidentiality of information imparted during its subsistence.

  • Phipps v Boardman
    • House of Lords
    • 03 Nov 1966

    The phrase "possibly may conflict" requires consideration. In my view it means that the reasonable man looking at the relevant facts and circumstances of the particular case would think that there was a real sensible possibility of conflict; not that you could imagine some situation arising which might, in some conceivable possibility in events not contemplated as real sensible possibilities by any reasonable person, result in a conflict.

  • Braganza v BP Shipping Ltd
    • Supreme Court
    • 18 Mar 2015

    It is not for the courts to re-write the parties' bargain for them, still less to substitute themselves for the contractually agreed decision-maker. They have done so by implying a term as to the manner in which such powers may be exercised, a term which may vary according to the terms of the contract and the context in which the decision-making power is given.

  • D v East Berkshire Community NHS Trust and Another
    • House of Lords
    • 21 Abr 2005

    A doctor is obliged to act in the best interests of his patient. The best interests of a child and his parent normally march hand-in-hand. But when considering whether something does not feel 'quite right', a doctor must be able to act single-mindedly in the interests of the child. He ought not to have at the back of his mind an awareness that if his doubts about intentional injury or sexual abuse prove unfounded he may be exposed to claims by a distressed parent.

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Legislation
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Books & Journal Articles
  • Conflict of interest in European public law
    • Núm. 20-4, Octubre 2013
    • Journal of Financial Crime
    • 406-421
    Purpose: – The aim of this article is to formulate and represent some common characteristics about conflict of interest as a global legal occurrence. All the conclusions made here are based upon 11...
  • Book Reviews
    • Núm. 30-3, Septiembre 2003
    • Journal of Law and Society
    Books reviewed: Jean L. Cohen, Regulating Intimacy: A New Legal Paradigm Robert A. Kagan, Adversarial Legalism: The American Way of Law John McLaren, Robert Menzies, and Dorothy E. Chunn (eds.), Re...
    ...... to guide self-regulation toward justice and away from self-interest. Central to Cohen's argument is the insight that reflexive law entails a ...Kagan argues that the system reflects two somewhat conflicting elements in American society, one supporting strong government and the ......
  • CHINESE WALLS: A DEVICE NOT A SOLUTION
    • Núm. 1-3, Enero 1993
    • Journal of Financial Regulation and Compliance
    • 314-316
    Recent discussion regarding the protection of investors has focused on the fundamental issue of conflict of interest facing practitioners in the financial services industry. The imposition of Chine...
    ...... of investors has focused on the funda- mental issue of conflict of interest facing practitioners in the financial services ......
  • Knowledge management needs security too
    • Núm. 36-1, Enero 2006
    • VINE
    • 45-48
    Purpose: This paper proposes that research should be conducted in how to manage the tension between the conflicts of interest between knowledge sharing and knowledge protection. Design/methodology...
    ...... should be conducted in how to manage the tension between the conflicts of interest between knowledge sharing and knowledge protection. ......
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Law Firm Commentaries
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