JCW

[disqualification] Justin was the counsel for the defendant. The plaintiff entered into a sale and purchase agreement with the defendant and claimed that there was a breach by the defendant and claimed liquidated damages from the defendant. The defendant in his defence and counterclaim, contended that the agreement was a sham. The defendant applied to disqualify the legal firm from acting for the plaintiffs on the ground that the 4th plaintiff is a partner in the said firm and has a pecuniary interest in the action and that the other partner of the firm had purportedly witnessed the execution of the agreement. It is not disputed that both partners in the law firm are potential material witnesses in the action if it proceeds to trial. The High Court allowed the defendant’s application to disqualify the law firm from acting for the plaintiffs. The High Court also rejected the submission that the legal firm can still act for the relevant partners who will not be conducting the trial when inter alia the proximity of relationship of the partners and the legal assistants are too close for comfort to ensure a conflict of interest will not arise.