Selen and Selen and Anor

The case of *Selen and Selen and Anor* concerned an application to restrain a firm of solicitors, M Solicitors, from acting for the husband in divorce proceedings. The application was brought by the wife.

The primary legal issue before the Court was whether M Solicitors should be restrained from continuing to act for the husband, given the circumstances of their prior representation of the wife. This involved considering the potential for a conflict of interest and the duty of confidentiality owed by solicitors to former clients.

The Court found that M Solicitors had previously acted for the wife in relation to the matrimonial home and associated financial matters. It was held that the knowledge gained by M Solicitors during their representation of the wife was relevant to the current proceedings concerning the husband's financial position. The Court applied the established legal principles regarding conflicts of interest, particularly the test of whether there is a real sensible possibility of a breach of confidence. The Court concluded that such a possibility existed, justifying the restraint.

Consequently, the Court ordered that M Solicitors be restrained from acting or continuing to act on behalf of the husband in these proceedings. Additionally, Mr H of Counsel was granted leave to withdraw from the proceedings.