Ellis' Trustees v Ellis
| Jurisdiction | Scotland |
| Judgment Date | 19 October 1898 |
| Date | 19 October 1898 |
| Docket Number | No. 2. |
| Court | Court of Session |
Court of Session
1st Division
Lord President, Lord Adam, Lord Kinnear.
No. 2.
Ellis' Trustees
and
Ellis.
ProcessAgent and ClientSpecial Case.
The Court will refuse to consider special cases where parties having conflicting interests are represented by the same agent.
A special case was presented for the purpose of obtaining the opinion of the Court on questions which had arisen as to the effect of certain testamentary writings left by the deceased Thomas Leonard Ellis. The parties to the case were (1) the trustees appointed under the trust-disposition and settlement of Mr Ellis; (2) Muriel Lindsay Ellis (pupil child of Mr Ellis), to whom a curator ad litem was appointed; and (3) Mrs Elizabeth Ellis, the widow of Mr Ellis.
The second and third parties were represented by the same agent; the first parties by a separate agent.
The interest of the second party was antagonistic to that of the third party.
Each party was represented by separate counsel.
In the course of the discussion the Court called attention to the fact that the same agent represented the second and third parties, although their interests were opposed.
Lord President.The Court will be very vigilant to refuse to consider special cases where parties having conflicting interests are represented by the same agent. It must be distinctly understood in the profession that this will not...
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