Examination of Witnesses (Questions 140-141)
29 JUNE 2004
RODNEY WARREN,
EVLYNNE GILVARRY,
HELEN COUSINS
AND ROBERT
BROWN
Q140 Ross Cranston: I do not want to
mistake what he said. He said that in some cases where there was
not a conflict.
Mr Brown: If there is no conflict,
then that often is the case.
Q141 Ross Cranston: Is that done now?
Mr Brown: So far, yes, firms do
act for more than one defendant in the same case if there is no
conflict. My understanding is that the new protocol reached by
the Lord Chancellor or the Bar will ensure that in future that
will not be the case and that individuals will have to be represented
separately.
Ms Cousins: It can be a very expensive
mistake. There maybe no conflict at the beginning but then something
happens, as it can, and suddenly there is enormous conflict which
means that the solicitors withdraw from representing both defendants,
the case goes back to the beginning, the costs in something like
that can be huge. If a mistake is made about conflict or if the
situation develops in a different way, it is extremely expensive.
Ross Cranston: No doubt we will ask the
Bar about this.
Chairman: Thank you very much indeed
for you help. You have thrown light on a number of matters.
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