The marriage was unhappy. The wife consulted briefly but did not instruct a solicitor, Mr Tooth. Some 7 years later as divorce proceedings were considered, the husband did instruct Mr Tooth. She sought to prevent him acting, but then wanted to withdraw her summons. The husband would only agree if she paid the costs. She refused.
Held: The summons was quite properly issued. There was a real matter to be considered. The point of view of the petitioner wife was put forward moderately it seems to me. It was met with a very strong rebuff which indicated that, come what may, the respondent husband was going to seed the dismissal of the matter with costs. There remained a real and not just fanciful risk of conflict. The husband’s appeal against the costs order failed.
[1999] EWCA Civ 890
Bailii
England and Wales
Citing:
Cited – In Re A Firm of Solicitors ChD 9-May-1995
A solicitor moving from a firm acting on one side of a dispute to the firm on the other side must be able to show that no conflict of interest would arise. The court should intervene unless it is satisfied that there is no risk of disclosure. It . .
Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – RTZ Pension Property Trust Ltd v ARC Property Developments Ltd and Asfa Limited CA 26-Nov-1998
Where a plaintiff discontinued his action, but still sought costs from the defendant, he had to show some misconduct by the defendant, such as encouraging the action by concealment of a defence. A mere late amendment causing no loss was not . .
These lists may be incomplete.
Updated: 01 January 2021; Ref: scu.145805
