Arnage Holdings Ltd et al v Walkers (a Firm) - Judgment

Action against attorneys for breaches of duties of confidence, trust and loyalty - application for summary judgment on basis that there is no arguable defence - existence of the lawyer client relationships - the Trillium Indicia for the identification of the relationships - acceptance of conflicting retainer - disclosure of confidential information to party hostile to clients - whether to be excused because any other reasonably competent attorney would have obtained disclosure in light of clients' obligation to disclose - distinction between fiduciary and contractual duties- continuing nature of the duty of confidence beyond termination of retainer. Causation of loss - actionable breaches of fiduciary duties of trust and confidence - whether causation of loss must be proven - liability in equity - equitable compensation - whether common law principles of causation and foreseeability applicable - equitable remedy of account for profits - election between an account and equitable compensation - liability for loss resulting from breach of professional code of conduct - whether also in public interest to enforce - Myers v Elman wasted costs jurisdiction - whether appropriate to invoke in circumstances of case. Jurisdiction to grant summary judgment on liability with loss or damages to be assessed applicable principles - whether some loss to be proven at summary judgment stage. Foreign proceedings - Defendant's cross - application to strike out Plaintiffs' claims on grounds of abuse of process - whether abuse of process of Cayman Court to seek to recover losses resulting from Brazilian bankruptcy and regulatory proceedings - defence of illegality - whether a defence to claims for losses arising from alleged but unproven dishonest conduct and where no pleaded reliance on that conduct. Res judicata in the wider sense - Henderson principle - whether plea in bar can be based on preclusive effect of foreign proceedings - application of doctrines of privity of parties and mutuality of estoppel.