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In Secretariat Consulting PTE Ltd v A Company, the Court of Appeal considered for the first time the question of an expert s duty to avoid a conflict of interest.(1) The Court of Appeal s decision, while not deciding the point finally, means that it is unlikely that a court will now recognise such a duty as a matter of law. The issue is a matter of contract. On the terms of the expert firm s engagement in this case, the Court of Appeal upheld the High Court s decision to grant an injunction restraining the firm from acting for a third party in a connected arbitration. The judgment contains a useful analysis of when conflicts can arise in related cases and the circumstances in which a large organisation offering expert or litigation support services may find itself conflicted.

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