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ARTICLE · 29 JANUARY 1999

Effectiveness of Chinese Walls

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United KingdomLitigation, Mediation & Arbitration
Effectiveness of Chinese Walls

In the case of Bolkiah v KPMG (judgement given 18 December 1998) the House of Lords held that Prince Jefri, a former client of KPMG, was entitled to an injunction restraining KPMG from acting for the Brunei Investment Agency ("BIA") on the grounds that KPMG were in possession of confidential information obtained while acting for Prince Jefri, which was relevant to the new matter in which the BIA had an adverse interest, notwithstanding that KPMG had gone to great lengths to insulate the team working for BIA from the firm's knowledge gained while acting for him.

KPMG had acted for Prince Jefri in an investigation of his financial affairs in connection with litigation with which he was concerned (Project Lucy). That project having finished, KPMG were subsequently instructed by the BIA, for whom Prince Jefri had been chairman, to investigate the activities of the BIA in respect of "special transfers" which had been made at the time when Prince Jefri

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