Cunningham v Sinels [2011] JLR 54 (19 January 2011)

Cunningham v Sinels [2011] JLR 54 (19 January 2011)

The court's overriding consideration is to do justice to litigants, and it has discretion to order delivery of files to a new advocate even if fees are outstanding, considering various factors including the conduct of the advocate, the nature of the retainer, proportionality, and hardship.

Citation
[2011] JLR 54
Parties
Client: Cunningham; Advocate: Sinels
Jurisdiction
Jersey
Judgment Date
19 January 2011
Procedural Posture
Application / Interlocutory
Outcome
Court has discretion to order delivery of files to new advocate.
Legal Topics
Change of Advocate, Transfer of Documents, Court Discretion
Legal Profession Change of Advocate Transfer of Documents Court Discretion

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Parties

Cunningham

Client

Sinels

Advocate

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether the court should order delivery of files to a new advocate when outstanding fees are owed

Ratio Decidendi

The court's overriding consideration is to do justice to litigants, and it has discretion to order delivery of files to a new advocate even if fees are outstanding, considering various factors including the conduct of the advocate, the nature of the retainer, proportionality, and hardship.

Court Disposition

Court has discretion to order delivery of files to new advocate.