"We start with the proposition that it is desirable that a litigant should be free to instruct the lawyer of his choice." So begins the discussion section of the judgment of the Court of Appeal (Lord Chief Justice, Lord Phillips of Worth Matravers, Lord Justices Jacob and Lloyd) in British Sky Broadcasting Group and another v Virgin Media Communications and others [2008] . A more detailed statement of this proposition is the 'powerful dictum' (as it was described by the Court of Appeal in Sarwar v Allam [2002]) of Mr Justice Neuberger in Maltez v Lewis [2000]: "It has always been a fundamental right of every citizen to be represented by advocate and/or solicitors of his or her choice. That right is not of course absolute; circumstances may cut it down.
September 03, 2008 at 10:30 PM
1 minute read
The original version of this story was published on Legalweek
Free choice of legal representation has been described as a ‘fundamental right’. Can this compromise efficient litigation? Simon Salzedo reports
“We start with the proposition that it is desirable that a litigant should be free to instruct the lawyer of his choice.”
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