H v N [1985] JLR_Note 1a (03 September 1986)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A legal representative's duty of impartiality prohibits representing opposing parties in successive disputes.
Court disposition
Declaration of breach of professional duty
Orders
- Legal representative prohibited from representing opposing parties in successive disputes
02
Material facts
Parties
H
ApplicantN
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether a legal representative may represent opposing parties in successive disputes
Party arguments
- Applicant
- The applicant contends that the legal representative should not represent opposing parties in successive disputes due to conflict of interest and breach of impartiality.
- Respondent
- The respondent argues that there is no breach of duty as the disputes are successive and not simultaneous.
05
Court’s reasoning
Legal principles
- 01
Jersey professional conduct rules
A legal representative must not represent opposing parties in successive disputes to maintain impartiality and avoid conflict of interest.
06
Ratio, limits and disposition
Ratio decidendi
A legal representative's duty of impartiality prohibits representing opposing parties in successive disputes.
Court disposition
Declaration of breach of professional duty
- Legal representative prohibited from representing opposing parties in successive disputes
Source and reliance status
Official court record
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Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> H v N [1985] JLR_Note 1a (03 September 1986) URL: https://www.bailii.org/je/cases/JLR/1986/JLR85N001a.html Cite as: [1985] JLR_Note 1a [ New search ] [ Help ] H v N 1985 JLR Note 1a (03 September 1986) DUTIES TO CLIENT-impartiality-not to represent opposing parties in successive disputes 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: 1985 JLR Note 1a BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1986/JLR85N001a.html
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