Holborow v MacDonald Rudder

This case involved an application by the defendant, Macdonald Rudder, to restrain the former solicitor of the plaintiffs, Paul Thomas Williams, from being involved in any way other than as a witness in the proceedings against the defendant. The application was dismissed by Heenan J. The court found that Mr Williams was not a party to the proceedings and should have been joined if his presence was necessary to ensure that all matters in dispute could be effectually determined. The court also found that there was no basis for restraining Mr Williams as he was not acting or proposing to act for the plaintiffs, and the control of the claims was in the hands of the new solicitors. The court held that the application was premature and that the allegations made by both parties should be evaluated after the principal issues in the proceedings had been finally decided.