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Opportunistic Objection Overruled

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

When a barrister who was acting for a woman in proceedings connected with her divorce realised that he had earlier acted for her husband in connection with his divorce from a previous wife, he promptly informed both sets of solicitors and the district judge hearing the case.

Although both sides agreed to continue with the proceedings, the husband found the judge’s eventual ruling not to his liking and subsequently appealed against it on the ground that the barrister had an ‘inescapable conflict of interest’.

The argument went to the Court of Appeal, which considered the man’s appeal to be ‘opportunistic’ and confirmed the ruling of the district judge.

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