Duncan v Duncan [2013] EWCA CIV 1407 (09 October 2013)

In a case concerning the unusual situation of counsel who had acted for the Husband in financial proceedings in respect of his first wife and subsequently acted against the Husband in financial proceedings with his second wife the court allowed the second wife’s appeal against the setting aside of the ancillary relief order. Counsel are not prohibited from acting against former clients provided they do not make use of any confidential information in so doing. The situation was fully disclosed to both parties and to the court prior to the hearing taking place and the Husband gave his consent to the Counsel acting for his second wife to continue.