The HALIFAX - "Chinese Walls"greenspun.com : LUSENET : Repossession : One Thread
I am currently in the the process of preparing my defence against the Halifax in the event that they should eventually decide (When it suits them) to start litigation proceedings.
The subject of "Chinese Walls" is of particular interest to me at the moment as I am almost certain that it applies to one of the issues in my case. The solicitors acting for the Halifax employed another firm of solicitors to act for the Halifax at the Possession Hearing. This firm were also the solicitors that had acted for my Ex-Wife during my unsuccessful attempts to persuade her to sell the property. During those negotiations they had been supplied with documents that were confidential and which might be relevant were they to be instructed by a subsequent client with an adverse interest.
I questioned these solicitors at the hearing as to whether there would be a conflict of interest and they were witnessed to say to me that I shouldn't mention it to the judge as I wanted the house to be repossessed - didn't I. Indeed I did want it to be repossessed as the costs were mounting! So, not having my own representation at the hearing, I took their advice and thus the judge was not informed either by myself or by the Halifax's agents of the risk of disclosure .
I understand that the House of Lords has determined that in cases of this nature the firm of solicitors involved must show that it's protective measures are adequate: "An effective Chinese wall needs to be an established part of the organisational structure of the firm, not created ad hoc". Once the court has been made aware of a possible risk it should intervene to prevent the firm acting unless it is satisfied that there is no real risk of disclosure. i.e. evidence of the "Chinese Wall" being in place.
If any reader has further knowledge of this matter I would be very grateful for their considered opinion, either by response to this posting or by private email.
-- Tony Hayter (Tony@Hayter.com), November 27, 2000
Thanks for the information I have recieved privately regarding this matter. I will keep the information confidential as requested but I will be contacting the court as advised. Thanks again!
-- Tony Hayter (Tony@Hayter.com), December 20, 2000.