Background
4.The second claimant is a company with registered offices in Hamilton, South Lanarkshire. It designs, makes and sells glassware. The first claimant is a sister company which holds intellectual property rights used by the second claimant in the course of its business. 5.In September 2018 Glencairn brought an action against Dartington Crystal (Torrington) Limited (‘Dartington’) for infringement of UK Registered Design No. 2,093,670 (‘the Registered Design). The product alleged to infringe was a whisky glass. Dartington were represented by Virtuoso. 6.In September 2018 Glencairn became aware of another glass which in their view was too close to their design. It was manufactured by the first defendant, a Canadian manufacturer of glassware based in Ontario and was imported into and sold in this country by the second defendant. A letter before action was sent on 25 September 2018. Final Touch instructed Virtuoso to represent them. 7.On 8 November 2018 Glencairn issued the claim form in the present action. It is for infringement of the Registered Design and also infringement of an EU Trade Mark for the three-dimensional shape of a whisky glass and for passing off. 8.At about the same time, Glencairn and Dartington agreed to conduct a mediation in an attempt to settle their differences. Position statements were exchanged. As is usual, they were stated to be confidential. The mediation took place on 11 December 2018 under a mediation agreement which expressly bound the parties and the solicitors present to keep confidential information disclosed at the mediation. 9.Following discussions which continued after the mediation agreement was reached. The Dartington litigation was settled by a Tomlin Order dated 8 January 2019. 10.By the time of the mediation Virtuoso had taken the view that it would not be appropriate for their Dartington team to be involved in the Final Touch litigation. An information barrier was set up on 11 December 2018. On 19 December 2018 Mr Partington of Virtuoso, who headed the Dartington team, sent an email to the solicitors acting for Glencairn (‘Stobbs’) stating that he and his colleagues, Mr Walawage and Mr Popa would not be acting for Final Touch and that a ‘Chinese wall’ had been implemented. 11.On 14 February 2019 Stobbs sent a letter to Virtuoso stating that the Chinese wall at Virtuoso was inadequate and expressing the doubt that any set up between the Dartington and Final Touch teams at Virtuoso could be effective. Stobbs requested that Virtuoso should cease to act for Final Touch. On 18 February 2018 Virtuoso declined to stand down. On 8 March 2018 Glencairn filed the application notice for this application. 12.Glencairn’s concern is that Virtuoso became aware of information disclosed by Glencairn during the Dartington mediation and during discussions both leading up to it and afterwards. This included Glencairn’s negotiating position and the terms on which Glencairn was prepared to settle. Glencairn argues that there is a risk that this information or some of it will become known to Final Touch via Virtuoso and that this will provide Final Touch with an advantage in these proceedings, particularly in any settlement negotiations that may take place.