Family Law Hub

Ahmed v Iqbal (Order Preventing Counsel from Acting) [2020] EWHC 2666 (Fam)

An appeal against an order prohibiting counsel acting for the father from accepting further instructions from him in proceedings under Part II of the Children Act 1989. The father was from Pakistan, the mother from the UK, and they had married under Islamic law, separating two years later. Counsel in question had previously acted for the father, liaising with the mother, in immigration proceedings, following which the mother had made a complaint of professional misconduct against her. MacDonald J dismissed this appeal. It was possible that counsel's continued participation would lead to a reasonable lay apprehension of unfairness. The judge had not failed to give adequate weight to the potential for the mother to adopt a tactical position amounting to an abuse of process. Given the evidence before the court of counsel's highly personalised responses to the mother's complaints, the potential for difficulties to arise in cross-examination of the mother by counsel was plain.

Judgment, published: 14/10/2020

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Published: 14/10/2020

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