Scottish Court of Session Decisions

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Cite as: [1898] ScotLR 77_1, [1898] SLR 77_1

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SCOTTISH_SLR_Court_of_Session

Page: 77↓

Court of Session Inner House First Division.

Thursday, November 10. 1898.

36 SLR 77-1

Ellis' Trustees

v.

Ellis.

Subject_1Process
Subject_2Special Case
Subject_3Agent and Client.
Facts:

Observed (by the Court) that parties to a special case who have conflicting interests should not be represented by the same agent.

Headnote:

In a special case submitted to the Court for the purpose of determining questions as to the construction of the will of the late Mr Thomas Leonard Ellis, it was pointed out by the Court that the second and third parties to the case—the testator's widow and his pupil daughter—had conflicting interests, and that while different counsel appeared for them, they were represented by the same firm of agents.

The following observations were made by the Court:—

Judgment:

Lord President—The Court will be very vigilant to refuse to consider special cases where parties having conflicting interests are represented by the same agent. It must be distinctly understood in the profession that this will not do.

Lord Adam—Such parties are as much entitled to a separate agent as to a separate counsel, and all the more so when one of them is a pupil.

Lord Kinnear—I concur with everything that has been said by your Lordships as to this point of practice.

Lord M'Laren was absent.

Counsel:

Counsel for the First Parties— Balfour, Q.C. — J. Wilson. Agents— Gray & Henderson, S.S.C.

Counsel for the Second Party — Craigie. Agents — Auld, Stewart, & Anderson, W.S.

Counsel for the Third Party — Guthrie, Q.C. — A. M. Anderson. Agents — Auld, Stewart, & Anderson, W.S.
1898

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