KASSOS & SHARMAN

In proceedings before Dawe J, the wife sought orders restraining the husband's solicitors from continuing to act for him. The dispute arose because the husband's current solicitors had previously acted for the wife in separate proceedings involving her former husband. The wife contended that this prior representation created a conflict of interest, as confidential information she had shared with those solicitors in the earlier proceedings could potentially be used to her disadvantage in the current matter.

The central legal issue before the court was whether the husband's solicitors should be disqualified from acting in the proceedings due to their prior representation of the wife. This required the court to consider the principles governing conflicts of interest in legal practice, particularly where confidential information is involved. The court also had to weigh the potential prejudice or disadvantage to the wife against the impact of such an order on the husband's ability to obtain legal representation.

Dawe J found that the husband's solicitors had indeed acted for the wife in previous proceedings and was satisfied that confidential information held by those solicitors posed a risk of prejudice or disadvantage to the wife in the current proceedings. Applying the relevant legal principles, the court determined that the prejudice or disadvantage to the wife outweighed the impact on the husband. Consequently, the court granted the wife's application, ordering that the husband's solicitors, Cecil Black and Cecil Black Family Lawyers, and any counsel instructed by them, including Mr Tom Kirk SC and Mr Michael Fellows, be restrained from further acting for the husband in these proceedings. The court also ordered the husband to pay the wife's costs of the hearing.