Takilla Ltd. v OBD [2004] JLR 219 (15 June 2004)

Takilla Ltd. v OBD [2004] JLR 219 (15 June 2004)

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.

Citation
[2004] JLR 219
Parties
Applicant: Takilla Ltd.; Respondent: OBD
Jurisdiction
Jersey
Judgment Date
15 June 2004
Procedural Posture
Civil / Judgment
Legal Topics
Advocate Duties, Independence, Conflict of Interest
Professional Conduct Advocate Duties Independence Conflict of Interest

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Parties

Takilla Ltd.

Applicant

OBD

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Is it undesirable for an advocate to act if they would call as witness a partner in their own firm?

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.