Cunningham v Sinels [2011] JLR 54 (19 January 2011)
- Citation
- [2011] JLR 54
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application / Interlocutory
More details
- Posture
- Application / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Cunningham
ClientSinels
Advocate03
Procedural history
Posture
Application / Interlocutory
04
Questions and positions
Legal issues
Whether the court should order delivery of files to a new advocate when outstanding fees are owed
Party arguments
- Applicant
- Applicant seeks transfer of documents to new advocate despite outstanding fees.
- Respondent
- Respondent opposes transfer due to unpaid fees.
05
Court’s reasoning
Legal principles
- 01
[2011] JLR 54
Court has discretion to order delivery of files to new advocate even if outstanding fees are owed.
- 02
[2011] JLR 54
Court may consider whether advocate ceased retainer, still acting or discharged by client; whether retainer relates to matter pending before court or non-contentious; whether advocate conducted client relationship reasonably; whether client owes money to advocate and proportionality of action court asked to authorize to amount owed; and balance of hardship between advocate and client.
- 03
[2011] JLR 54
Overriding consideration is to do justice to litigants; dispute between advocate and client is subordinate to main proceedings.
06
Ratio, limits and disposition
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.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Cunningham v Sinels [2011] JLR 54 (19 January 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110054.html Cite as: [2011] JLR 54 [ New search ] [ Help ] Cunningham v Sinels 2011 JLR 54 (19 January 2011) Advocates-change of advocate-transfer of documents-court has discretion to order delivery of files to new advocate, even if outstanding fees-may consider (a) whether advocate ceased retainer, still acting or discharged by client; (b) whether retainer relates to matter pending before court or non-contentious; (c) whether advocate conducted client relationship reasonably; (d) whether client owes money to advocate, and proportionality of action court asked to authorize to amount owed; and (e) balance of hardship between advocate and client-overriding consideration to do justice to litigants-dispute between advocate and client subordinate to main proceedings The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 54 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110054.html
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