The continued use of the email address craig.steven.wright@gmail.com by Bird & Bird LLP (
@twobirds) constitutes a clear abuse of process. Despite my repeated notifications that this email is not under my control and is operated by parties who are not privileged to receive legal submissions, Bird & Bird persists in sending confidential documents to this address. Simply because the email address contains my name does not mean it is associated with me, nor does it grant authority to treat the address as a legitimate point of contact.
This behavior is a direct violation of my legal rights and the duty of confidentiality under the Solicitors Regulation Authority (SRA) Code of Conduct, which mandates that solicitors ensure confidential communications are protected and only disclosed to the appropriate parties.
Their actions also breach the Civil Procedure Rules (CPR), particularly CPR 31.22, which governs the use and disclosure of documents and materials disclosed in the course of litigation. Under this rule, disclosed materials must only be used for the purposes of the proceedings in which they were disclosed. Sending such documents to an unauthorized third party violates this principle, as it results in confidential information being placed in the hands of those not entitled to it.
Furthermore, this conduct violates the duty of solicitors to act with integrity and fairness, as outlined in SRA Principle 5, which requires solicitors to ensure that their conduct does not undermine the administration of justice. By knowingly sending confidential documents to an unauthorized email address after being informed of the issue, Bird & Bird is not only compromising confidentiality but also obstructing the proper handling of legal proceedings.
This conduct amounts to an abuse of process, as described in Hunter v Chief Constable of the West Midlands Police [1982] AC 529, where the court established that abuse occurs when legal procedures are misused to harass, cause unfairness, or gain improper advantage. Here, Bird & Bird’s continued actions demonstrate a disregard for proper process and the integrity of the legal proceedings, warranting immediate correction and accountability.
In light of this, I assert that Bird & Bird LLP is engaging in conduct that contravenes both ethical obligations and procedural rules, undermining the proper administration of justice. Immediate steps are being taken to cease the use of the incorrect email and rectify this ongoing abuse of process.
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S. Tominaga AKA CSW
Oct 24, 2024
https://threadreaderapp.com/thread/1849342974012092423.htmlhttps://t.me/S_Tominaga/1658