Takilla Ltd. v OBD [2004] JLR 219 (15 June 2004)
- Citation
- [2004] JLR 219
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
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Professional case brief
Research organized from the available case record
01
Holding and result
The undesirability of an advocate acting when a partner in their own firm is to be called as a witness may be outweighed by considerations of time and cost, and lack of previous objection over a long period.
02
Material facts
Parties
Takilla Ltd.
ApplicantOBD
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Is it undesirable for an advocate to act if they would call as witness a partner in their own firm?
05
Court’s reasoning
Legal principles
- 01
Takilla Ltd. v OBD [2004] JLR 219
It is undesirable for an advocate to act if they would call as witness a partner in their own firm, as it blurs the distinction between counsel and litigant in person.
06
Ratio, limits and disposition
Ratio decidendi
The undesirability of an advocate acting when a partner in their own firm is to be called as a witness may be outweighed by considerations of time and cost, and lack of previous objection over a long period.
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Judgment
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BAILII >> Databases >> Jersey Law Reports >> Takilla Ltd. v OBD [2004] JLR 219 (15 June 2004) URL: https://www.bailii.org/je/cases/JLR/2004/JLR040219.html Cite as: [2004] JLR 219 [ New search ] [ Help ] Takilla Ltd. v OBD 2004 JLR 219 (15 June 2004) Advocates-duties to court-independence-undesirable for advocate to act if would call as witness partner in own firm-blurs distinction between counsel and litigant in person-may be outweighed by considerations of time and cost, and lack of previous objection over long period 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: 2004 JLR 219 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2004/JLR040219.html
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