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A liquidator commenced proceedings funded by a major creditor of the company in liquidation. The creditor had been kept informed of the proceedings, and had been party to much confidential information from the liquidator's solicitor. The creditor sought to retain that solicitor in misfeasance proceedings against the liquidator. The liquidator's application for an injunction to prevent the solicitor acting was struck out by the Master, and Briggs J dismissed the appeal. There had been such an unusual sharing of information with the creditor that it could not be said that the solicitor retained any information that was confidential to the liquidator which could found an injunction.
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