A solicitor who acquires confidential information during a mediation owes an equitable obligation of confidence directly to the opposing party, not merely to the solicitor's own client. The onus of proving a real and sensible possibility of misuse lies on the party seeking the injunction, and the existence of common factual elements does not shift that onus. Once a real and sensible possibility of misuse is established, the grant of an injunction is discretionary.
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