Foden v Foden

An application by solicitors to come off the record should be granted where the solicitor–client relationship has irrevocably broken down, and that breakdown is established or effectively admitted. The court need not apportion blame. A litigant left to act in person is entitled to reasonable assistance from the court and former solicitors, including access to relevant papers, so that pending applications can be managed and alternative representation considered.

Messrs Hyde Mahon Bridges applied to remove themselves from the record as solicitors for Mrs Foden. The application was supported by an affidavit and extensive exhibits. Mrs Foden, assisted by Mr Yiannides, raised several matters, but those matters reinforced the conclusion that the solicitor–client relationship had irretrievably broken down.

The application arose while Mrs Foden had a further application before the court and faced the possible loss of legal aid. The central issues were whether the solicitors should be removed from the record and what practical assistance should be provided to Mrs Foden thereafter.

Deputy Master Joseph allowed the application.

1. The court considered the evidence from the solicitors’ counsel and the matters effectively admitted on Mrs Foden’s behalf. They established that the relationship between solicitor and client had irrevocably broken down. It was unnecessary, and outside the court’s role on this application, to determine blame or responsibility for that breakdown.
2. In those circumstances, the solicitors’ application to remove themselves from the record had to be granted. An order was made removing Messrs Hyde Mahon Bridges from the record.
3. The court recognised the practical difficulty that Mrs Foden was left without solicitors shortly before another application was due to be heard, with a possible loss of legal aid. A litigant acting in person in such circumstances is entitled to obtain as much assistance as possible from the court and from former solicitors.
4. The former solicitors undertook to hand over the relevant document bundles that day. This would enable Mrs Foden to prepare for the pending application and consider obtaining alternative representation.

There was no order as to costs.