Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court and committing criminal offences. A McKenzie friend had no right to act as such, only the right … Continue reading Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001
Citations: [1996] EWHC Admin 187 Links: Bailii Jury Updated: 25 May 2022; Ref: scu.136735
Lady Justice Simler and Mr Justice Picken [2020] EWHC 3525 (Admin) Bailii Solicitors Act 1974 England and Wales Legal Professions Updated: 20 November 2021; Ref: scu.657351
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The regulatory function of the Law Society in intervening in a legal practice was not merely protective, and a solicitor facing accusations of past dishonesty could not expect to be relieved of the consequences merely because he had completed the transactions at issue without loss. The intervention could proceed. Citations: Gazette 14-Jul-1999 Statutes: Solicitors Act … Continue reading In Re A Solicitor: ChD 14 Jul 1999
The claimant challenged the intervention by the Law Society in her solicitors practice. Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and the intervention was withdrawn. The judge expressed unhappiness that the consequences of the intervention were … Continue reading Sheikh v The Law Society: ChD 1 Jul 2005
The regulatory function of the Law Society in intervening in a legal practice was not merely protective, and a solicitor facing accusations of past dishonesty could not expect to be relieved of the consequences merely because he had completed the transactions at issue without loss. The intervention could proceed. Citations: Times 29-Jun-1999 Statutes: Solicitors Act … Continue reading Penna v Law Society: ChD 29 Jun 1999
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the plaintiff’s claim. He also said that the insurer should give credit … Continue reading Bee v Jenson: ComC 21 Dec 2006
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had been added to the loan amount. The agreement was a fixed sum credit agreement regulated … Continue reading Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
Citations: [2009] EWHC 3590 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1)(b) Jurisdiction: England and Wales Legal Professions Updated: 27 October 2022; Ref: scu.401946
The court upheld the refusal of the master to allow the claimant solicitors to submit an amended bill: ‘In his oral submissions, Mr Stockler . . frankly acknowledged that he had been in error in supposing that it was possible to charge an uplift for contentious work, and said that he tried to make the … Continue reading Bilkus v Stockler Brunton (A Firm): ChD 30 Jul 2009
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The parties had concluded a contract for the sale of land and a business. The court considered a purported waiver of a non-compete clause, saying: ‘if there is any doubt whether [the provisions of the contract in issue] are binding upon the vendors, and the purchaser waives them, what have the vendors to complain of?’ … Continue reading Hawksley v Outram: CA 1892
The taxpayer had been represented in proceedings throughout by tax law experts, Tenon Media, who were not legally admitted, but had a right to conduct litigation under the 1990 Act. The Inspector objected to paying costs as if the representatives were admitted. Held: Someone acting through the licensed access schemes was not a litigant in … Continue reading Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005
A company which had gone from voluntary winding up, first to winding up under supervision and then to compulsory winding up, with the official receiver as liquidator. The company’s former managing director was suspected of fraud, but the law officers declined to prosecute. Some of the shareholders wished to prosecute him, mainly at the expense … Continue reading In re London and Globe Finance Corporation Ltd: ChD 1903
CourtService The Claimant company, registered in the Isle of Man and acting throughout by their London agent Miss T, instructed the Defendant Solicitors in connection with proceedings brought against the Claimants by former tenants of property they owned in Clerkenwell. In total five bills were rendered by the Defendant to the Claimant, totalling andpound;7,425.61, including … Continue reading Argonaut Property Development Ltd v Collyer-Bristow (A Firm): SCCO 16 Oct 2001
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
A claimant’s solicitor did not like the advice given by a medical expert whose identity had been agreed with the other side and then sought to instruct a different expert without obtaining the other side’s agreement first. They sought to draw a distinction under the protocol between a jointly instructed medical aexpert and one jointly … Continue reading Richard Thurber Carlson v Karen Townsend: CA 10 Apr 2001
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger. Judges: Simon Brown, Judge, Buxton LJJ Citations: [1998] EWCA Civ 1359, [1998] CLY 975 Links: Bailii Statutes: Health and Safety at Work Act 19745 Jurisdiction: England and Wales Cited by: Cited … Continue reading Armstrong and others v British Coal Corporation (2): CA 31 Jul 1998
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
Guidelines in the Solicitors Compensation Scheme stating claims which would not be admissible for compensation were not an unlawful restriction on the compensation fund committee. Citations: Times 13-Jan-1999 Statutes: Solicitors Act 1974 36(2), Solicitors Compensation Fund Rules 1995 Legal Professions Updated: 09 April 2022; Ref: scu.85354
Question about the scope of the statutory trust imposed by section 35 and Schedule 1, paragraph 6, of the Solicitors Act 1974 where the Law Society has intervened in the practice of a solicitor. Judges: John Martin QC Citations: [2017] EWHC 2496 (Ch) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 01 April 2022; … Continue reading The Law Society v Pathania: ChD 10 Oct 2017
The Law Society intervened in the practice of the claimant solicitor under the powers conferred on them by Section 35 of and Schedule 1(2) to the Solicitors Act 1974 on the ground specified in paragraph 1(1)(a) of the Schedule, namely suspected dishonesty. They appointed a solicitor (Mr H) to take control of the practice, and … Continue reading Pine v the Law Society: SCCO 20 Feb 2002
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded. Held: She was entitled to repayment of the legal costs paid by her … Continue reading Heywood v Wellers: CA 1976
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
Money had been paid into an account in the joint names of the parties’ solicitors in order to purchase the release of the applicants from an asset freezing order. The respondent company was in liquidation. It was argued that the payment of funds into the joint account made the claimant a secured creditor. The liquidators … Continue reading Flightline Ltd v Edwards and Another: ChD 2 Aug 2002
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were stayed as an abuse of process. The plaintiffs then instituted civil proceedings alleging conspiracy to injure and … Continue reading Darker v Chief Constable of The West Midlands Police: HL 1 Aug 2000
PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary. Held: Times had moved on, and trust documents had taken more and more indirect ways of conferring benefits. The settlements were badly drafted, but that should not be used … Continue reading Vadim Schmidt v Rosewood Trust Limited: PC 27 Mar 2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
LRA Costs : Parties Without Representation – Litigants in person – entitlement to costs and expenses; Litigants in Person (Costs and Expenses) Act 1975, s 1(1), (2); Civil Procedure Rules: CPR 2.3(3), 48.6(1) – . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″
This is an incomplete list of the senior judicial appointment holders for England and Wales. See also more generally: http://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-in-detail http://www.supremecourt.gov.uk/about/biographies-of-the-justices.html http://en.wikipedia.org/wiki/Lord_Chief_Justice_of_England_and_Wales#Lord_Chief_Justices_of_England_.28later_England_and_Wales29.2C_1875.E2.80.93present http://en.wikipedia.org/wiki/President_of_the_Family_Division https://en.wikipedia.org/wiki/Senior_President_of_Tribunals
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports