Source: All England Reporter
Publisher Citation: [2002] All ER (D) 448 (Oct)
Court: Court of Appeal, Civil Division

Schiemann, Arden and Dyson LJJ

Representation Simon Mortimore QC (instructed by Holmes Hardingham) for the creditor.
  Richard Jones QC (instructed by Tarlo Lyons) for the debtor.
  Charles Hollander QC (instructed by the Bar Council) as intervenor.
Judgment Dates: 30 October 2002


Barristers - Professional conduct - Objection to participation of other party's counsel in proceedings - Inherent power of court to prevent abuse procedure - Power of court to restrain advocate from representing a party if satisfied that real risk that continued participation would lead to order made at trial being set aside on appeal.

The Case

Where a party objected to an advocate representing his opponent, that party had no right to prevent the advocate from acting based on the Code of Conduct, as the content and enforcement of the Code were not a matter for the court. However, the court had an inherent power to prevent abuse of its procedure, and accordingly had the power to restrain an advocate from representing a party if it was satisfied that there was a real risk that his continued participation would lead to a situation where the order made at trial would have to be set aside on appeal.

Practice Areas

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