British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Foden v Foden [2001] EWCA Civ 327 (7 March 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/327.html
Cite as: [2001] EWCA Civ 327
[New search] [Printable RTF version] [Help]
IN THE COURT OF APPEAL (CIVIL DIVISION)
Strand London WC2A 2LL Wednesday 7 March 2001 |
||
B e f o r e :
____________________
| FODEN | ||
| Petitioner | ||
| - v - | ||
| FODEN | ||
| Respondent |
____________________
Smith Bernal Reporting Limited, 190 Fleet Street,
London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
Official Shorthand Writers to the Court)
MRS V B FODEN (assisted by MR A YIANNIDES) appeared in person.
____________________
Crown Copyright ©
- THE DEPUTY MASTER: This is an application by solicitors, Messrs Messrs Hyde Mahon Bridges, to remove themselves from the record as acting for Mrs Foden. In support of the application on 25 January 2001 they have sworn an affidavit which comprises four pages and an exhibit of some 59 pages.
- Mrs Foden has been represented, or assisted, by Mr Yiannides who has made a number of points in relation to the application. He will have to forgive me if I do not go into those matters in any great detail because it seems to me that almost every matter that has been raised on Mrs Foden's behalf supports the fact that the relationship between solicitor and client has irrevocably broken down in this particular case. That is regrettable and it is no part of my role to apportion any blame or responsibility in relation to those matters.
- It is a fact, however, that Messrs Hyde Mahon Bridges have established, not only from what has been said on their behalf by their counsel, Mr Firth, but what has effectively been admitted on behalf of Mrs Foden, that the application to remove themselves from the record will have to be granted. I accept that that poses a problem for Mrs Foden because next week there is at least one application before this court in which she is involved and she is now, effectively, without solicitors. I have also been told by Mr Firth that there is a prospect that the legal aid which she currently possesses may be removed from her and that a notice to show cause has been sent to her which expires on 13 March 2001.
- A litigant who acts in person in these circumstances is entitled to obtain as much assistance from the court, and from those solicitors who have formerly been acting for her, as is possible. I have been assured by Mr Firth on behalf of Messrs Hyde Mahon Bridges that the bundles of documents which they hold, which I understand are both the sets which they prepared in support of the application and also the set supplied to them as solicitors on the record by the respondents, can be handed over to Mrs Foden today. That should enable her to decide what she wishes to do with regard to the application and, particularly, whether she can, albeit at this somewhat late stage, obtain the services of alternative solicitors to assist her with the matters due to come before court next week.
- There is no doubt, however, in my mind that the application before me to remove Messrs Hyde Mahon Bridges from the record must be granted. I therefore make an order in those terms.