Q&As

Is there a conflict of interest if a firm acts for both the husband and wife as the transferor and the wife as transferee on a transfer of property? Is there any authority for this?

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Published on: 22 September 2020
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Client conflicts of interest are fact sensitive. The starting point is that it is for you to decide on a case-by-case basis whether a conflict has occurred or may occur, and if so whether you can act. There is no definitive list.

Under the Solicitors Regulation Authority (SRA) Codes of Conduct, a client conflict of interest arises where there is a conflict between your separate duties to act in the best interests of two or more clients in relation to the same matter or related matters. You must not act in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless you fall within one of two exceptions and meet certain specific conditions (SRA Code for Solicitors and SRA Code for Firms,

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Jurisdiction(s):
United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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