Applications to discipline or restrain opposing legal practitioners, or to compel former solicitors to return to the record, are properly dealt with in separate proceedings rather than on a summary basis during the course of existing litigation. The principle that a solicitor must cease acting where they may be a witness applies only to the proceeding in which they are acting, not to separate proceedings. Counsel appearing against self-represented litigants must take particular care to ensure courtesy and accuracy in all dealings.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.