- Court of Appeal upholds IPEC decision not to order injunction (Glencairn IP Holdings v Product Specialities Inc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- First ground of appeal—the Bolkiah test
- Second ground of appeal—the balancing exercise
- Case details
IP analysis: The Court of Appeal has dismissed an appeal against a decision of the Intellectual Property Enterprise Court (IPEC) to refuse an application for an injunction by Glencairn IP Holdings Ltd (Glencairn) to prevent a firm of solicitors from acting for the defendants, Final Touch, in a design dispute. Glencairn had applied to restrain the solicitors from acting in the case in order to prevent the disclosure of confidential information which related to earlier proceedings in which they had acted against Glencairn. In reaching its decision on the case, the Court of Appeal clarified the scope of the jurisdiction set out in Prince Jefri Bolkiah v KPMG  2 AC 222 in conflict of interest cases.
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