In re Ogden v [1992] JLR 106 (03 March 1992)
- Citation
- [1992] JLR 106
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Application / Judgment
More details
- Posture
- Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Advocates' Oath of Office does not grant the court authority to compel an advocate to represent a client against his will; deference is limited to submissions, not representation.
Court disposition
application dismissed
02
Material facts
Parties
Ogden
Applicant03
Procedural history
Posture
Application / Judgment
04
Questions and positions
Legal issues
Whether the court can order an advocate to represent a client against his will under the Advocates' Oath of Office
Party arguments
- Applicant
- The advocate's Oath of Office requires deference to the court's opinion in submissions but does not empower the court to compel representation against the advocate's will.
- Respondent
- The court may have authority to direct advocates in representation matters based on the Oath of Office.
05
Court’s reasoning
Legal principles
- 01
Advocates' Oath of Office in Code of 1771
Advocate swears to defer to court's opinion in submissions ('conclusions') but the court has no authority to order him to represent a client against his will.
06
Ratio, limits and disposition
Ratio decidendi
The Advocates' Oath of Office does not grant the court authority to compel an advocate to represent a client against his will; deference is limited to submissions, not representation.
Court disposition
application dismissed
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 >> In re Ogden v [1992] JLR 106 (03 March 1992) URL: https://www.bailii.org/je/cases/JLR/1992/JLR920106.html Cite as: [1992] JLR 106 [ New search ] [ Help ] In re Ogden v 1992 JLR 106 (03 March 1992) Advocates - duties to court - Oath of Office - in Advocates' Oath of Office in Code of 1771 advocate swears to defer to court's opinion in submissions ("conclusions")-gives court no authority to order him to represent client against his will 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: 1992 JLR 106 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1992/JLR920106.html
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