Clark Boyce v Mouat, 1994 1 AC 428
Citation: Clark Boyce v Mouat, 1994 1 AC 428
Rule of thumb: If a Solicitor has a conflict of interest, can they still represent their client? If they get their consent, however, it has to be ‘informed consent’.
Judgment:
A solicitor can act where there is a conflict of interest if an informed consent is obtained first of all, ‘There is no general rule of law to the effect that a solicitor should never act for both parties in a transaction where their interests may conflict. Rather is the position that he may act provided that he has obtained the informed consent of both to his acting’, Lord Jauncey
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.