Conflicts of Interest 7th Edition

Conflicts of Interest is an essential work that provides a comprehensive examination of the law relating to conflicts of interest. This authoritative resource offers guidance on the core principles of conflict law, its obligations and duties, offering practitioners and researchers a thorough understanding of this crucial area. It helps the user avoid potential conflicts of interest and provides practical advice and remedies for those that arise. The work covers:

• the law relating to conflicts of interest in all its dimensions, from client conflict and personal conflict to commercial and judicial conflict
• the double employment rule
• managing conflicts by contract
• perception of impropriety as a test for conflicts
• obligations to disclose and information barriers
• the practicalities of litigating conflicts
• the duty to the other side
• obligation to blow the whistle on a client
• judicial conflicts, including bias and apparent bias
• the current legal position in various professional sectors: lawyers, accountants, the City, directors, estate agents and insurance brokers.

The seventh edition has been fully updated, including a wholesale revision of the Arbitration chapter to reflect the decisions in Aiteo and in Halliburton v Chubb. It also covers a number of key recent cases, including:

• The recent Supreme Court decision on motor finance, Hopcraft v Close Brothers, which clarifies when fiduciary obligations arise, particularly significant for brokers and intermediaries dealing with "secret" commissions and conflicts of interest
• Recovery Partners v Rukhadze, an important authority on equitable remedies in conflict situations
• The Court of Appeal decision in A firm v Secretariat, which appears to extend conflict of interest rules beyond individual companies to other group companies within corporate groups
• Ashraf v Lester Dominic Solicitors, which re-evaluates principles regarding professional duties to the other side
• UK Trucks Claim Ltd v Stellantis, which addresses conflicts between class members in group litigation
• Staechelin v ACLBDD Holdings Ltd, which discusses the question of whether conflicted professionals can be deprived of their fees

1. Conflicts of Interest: The Principles
2. Existing Client Conflicts: The Fiduciary Obligation
3. The Double Employment Rule
4. Managing Conflicts by Contract
5. Perception of Impropriety as a Test for Conflicts
6. The Obligation to Disclose Information
7. Information Barriers
8. Litigating Conflicts
9. The Duty to the Other Side
10. Blowing the Whistle on the Client
11. Judicial Conflicts: Bias and Apparent Bias
12. Juries, Tribunals and other Decision-Makers
13. Judicial Conflicts: Applying the Principles
14. Arbitration
15. Solicitors
16. Barristers
17. Accountants
18. Directors
19. Conflicts in the City
20. Estate Agents and Insurance Brokers