Search Results for: Solicitors Act 1974 6

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W v L: CA 1974

For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the phrase ‘mental illness’: ‘The answer in my judgment is to be found in the advice which Lord Reid gave … Continue reading W v L: CA 1974

Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001

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

Regina v Law Society ex parte Mortgage Express Limited; Regina v Law Society ex parte Alliance and Leicester Building Society: CA 17 Dec 1996

The court considered the duties of the respondent in administering the Compensation Fund: ‘It seems clear from the current legislation that the history of the fund and the mode of operating it that the solicitors’ profession was never intended or required to assume an open ended liability to meet any unsatisfied loss sustained by any … Continue reading Regina v Law Society ex parte Mortgage Express Limited; Regina v Law Society ex parte Alliance and Leicester Building Society: CA 17 Dec 1996

Bass and Another v Solicitors Regulation Authority: Admn 18 Jul 2012

The appellants challenged the decision of the Solicitors Disciplinary Tribunal finding them in breach of the 1998 Rules in that they had failed to prevent a former partner making unauthorised, if small, withdrawals of residual balances from client account. No dishonesty had been suggested. Held: The tribunal had been wrong to treat the matter as … Continue reading Bass and Another v Solicitors Regulation Authority: Admn 18 Jul 2012

Regina v Law Society ex parte Shuttari: CA 25 Nov 1996

The client complained that he should have been advised to apply for legal aid and otherwise. The solicitor now appealed a disciplinary finding against her. Held: The court considered the purpose of Schedule 1A of the 1974 Act: ‘it is arguable that the primary purpose is to redress shoddy service and to provide a rough … Continue reading Regina v Law Society ex parte Shuttari: CA 25 Nov 1996

Hetherington and Another v Solicitors Regulation Authority Ltd: Admn 31 Oct 2022

Appeal, pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal that they be struck off the Roll of Solicitors, and required to pay costs in the sum of pounds 98,000. Judges: Mrs Justice Lang DBE Citations: [2022] EWHC 2722 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49 … Continue reading Hetherington and Another v Solicitors Regulation Authority Ltd: Admn 31 Oct 2022

Levy v Solicitors Regulation Authority: Admn 25 Mar 2011

The solicitor appealed against an order of the Solicitors Disciplinary Tribunal. Held: Cranston J summarised the legal principles that apply on an appeal under section 49 of the 1974 Act: ‘An appeal lies to this court from the Solicitors Disciplinary Tribunal as of right, pursuant to section 49 of the Solicitors Act 1974. By section … Continue reading Levy v Solicitors Regulation Authority: Admn 25 Mar 2011

P S and others v Law Society: ChD 16 Jul 2004

The applicants sought orders directing the respondent to withdraw its intervention in the solicitors practice of the first claimant. They had become concerned at the possibility that investment schemes managed by one partner were being being used for money laundering. Held: In view of matters since the commencement of the proceedings the court could not … Continue reading P S and others v Law Society: ChD 16 Jul 2004

Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010

The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent. Held: The description of the clerk’s functions at showed that he had an essentially administrative role which, as in the case of … Continue reading Virdi v The Law Society of England and Wales and Another: CA 16 Feb 2010

Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009

Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009

PQR and STU v Pressdram Ltd: QBD 16 Jan 2009

The claimant solicitors sought an injunction to require the magazine Private Eye not to publish an opinion from the Scottish Legal Ombudsman regarding complaints against the solicitors. The parties disputed whether it was confidential. The complainant had not been told that any confidentiality applied. Held: There was no proper basis for an argument that the … Continue reading PQR and STU v Pressdram Ltd: QBD 16 Jan 2009

Regina v Master of Rolls ex parte Mckinnell: QBD 16 Sep 1992

The Law Society may appeal against a decision of the disciplinary tribunal. Citations: Gazette 16-Sep-1992, [1993] 1 WLR 88 Statutes: Solicitors Act 1974 49(1)(a) Jurisdiction: England and Wales Cited by: Cited – Taylor v The Law Society CA 1-Nov-2005 ‘the SDT should not give orders or directions to the Law Society. It should decide what, … Continue reading Regina v Master of Rolls ex parte Mckinnell: QBD 16 Sep 1992

Law Society v Adcock and Another: QBD 20 Dec 2006

The Society appealed a rejection of a complaint of misconduct based on the solicitor having accepted payments of pounds 20.00 a time from a search company. Held: The payments were not a secret commission, but rather discounts or rebates, and did not fall within rule 10: ‘It was inconceivable that any tribunal could find that … Continue reading Law Society v Adcock and Another: QBD 20 Dec 2006

Ali v Solicitors Regulation Authority Limited: Admn 11 Oct 2021

The solicitor appealed from disciplinary findings after she had sent extraordinary text messages. She complained hat the tribunal had wrongly refused to anonymise the activity and or hat it had wrongly anonymised the identity of the two law firms she had worked for. Held: Judges: The Honourable Mr Justice Morris Citations: [2021] EWHC 2709 (Admin) … Continue reading Ali v Solicitors Regulation Authority Limited: Admn 11 Oct 2021

Regina v Solicitors’ Complaints Bureau, ex parte Singh and Chowdury: Admn 1995

The court considered the disciplinary duties of the Law Society: ‘The object of the provision is disciplinary. It is to assist in maintaining the standards to be achieved by solicitors and to provide sanctions in terms of costs and payment if the proper standards are not reached. It is the quality of the service . … Continue reading Regina v Solicitors’ Complaints Bureau, ex parte Singh and Chowdury: Admn 1995

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

Jideofo v The Law Society; Evans v The Solicitors Regulation Authority: 31 Jul 2007

(Master of the Rolls) Each applicant challenged decisions not to allow them to become student members of the Law Society. Held: The test for character and suitability was a necessarily high one; was one which was not concerned with punishment, but was rather a regulatory one concerned with the risk posed by an individual to … Continue reading Jideofo v The Law Society; Evans v The Solicitors Regulation Authority: 31 Jul 2007

Baxendale-Walker v The Law Society: Admn 30 Mar 2006

The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment. Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. Instead, it received a fiction, on which it acted, which had no basis in fact. ‘ and ‘Neither … Continue reading Baxendale-Walker v The Law Society: Admn 30 Mar 2006

Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006

Judges: Lawrence Collins J Citations: [2006] EWHC 480 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Law Society Compensation Fund Rules 1995 Jurisdiction: England and Wales Citing: Cited – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. … Continue reading Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006

Walker, Re Solicitor’s Act 1974, No 13 of 2001: CA 24 Oct 2001

Appeal from the decision of the Appeals Committee of the Office for the Supervision of Solicitors imposing a condition on the Practising Certificate for the year 2000/2001, whereby he is required to practise in an approved partnership. Citations: [2001] EWCA Civ 1596 Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 01 July 2022; Ref: … Continue reading Walker, Re Solicitor’s Act 1974, No 13 of 2001: CA 24 Oct 2001

David Wyld and Co, Solicitors v Dadourian and Another: QBD 20 Jun 2011

The claimants had obtained summary judgment on their claim for their fees for complex litigation. The defendants sought leave to appeal saying that the bill was not a final statute bill. Judges: Cox DBE J Citations: [2011] EWHC 1517 (QB) Links: Bailii Statutes: Solicitors Act 1974 70 Jurisdiction: England and Wales Legal Professions Updated: 29 … Continue reading David Wyld and Co, Solicitors v Dadourian and Another: QBD 20 Jun 2011

Onwuka, Re Solicitors Act 1974 No 3 of 2002: CA 2 Jul 2002

The trainee appealed against the decision of the Law Society to cancel his student membership on the basis that he was not a fit and proper person to become a solicitor. He had been convicted of criminal damage, but had not notified the Law Society of that conviction. He was convicted of further offences and … Continue reading Onwuka, Re Solicitors Act 1974 No 3 of 2002: CA 2 Jul 2002

Bower v Stevens and Another: CA 6 Apr 2004

The claimant had been employed by the respondents, partners in a former firm of solicitors. On the retirement of one partner, the practice was continued by the sole remaining partner, who claimed that the dissolution broke the continuity of the employment so as to defeat her application for unfair dismissal. Held: The dissolution of the … Continue reading Bower v Stevens and Another: CA 6 Apr 2004

Argonaut Property Development Ltd v Collyer-Bristow (A Firm): SCCO 16 Oct 2001

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

White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001

The claimant solicitor sought a judicial review, on the grounds of procedural unfairness, of the decisions of the respondent in upholding complaints against him. The procedure involved several stages, an investigatory stage, an adjudication, an appeal, and a further appeal to the Tribunal. The solicitor complained that the adjudicator had failed to follow up certain … Continue reading White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001

Hanley v J C and A Solicitors: QBD 28 Sep 2018

Whether the Court, under the inherent jurisdiction over its officers and/or s. 68 Solicitors Act 1974, has the power to order a solicitor to make and supply to his client (or former client) copies of documents which are the property of the solicitor, subject to payment of reasonable costs for the task. Held: The appeal … Continue reading Hanley v J C and A Solicitors: QBD 28 Sep 2018

United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

Davies v Taylor (No 2): HL 2 Jan 1974

The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs. Held: ‘In this case the solicitors, no doubt first instructed by the insurance company, were the solicitors on the record as the solicitors for the respondent. They acted … Continue reading Davies v Taylor (No 2): HL 2 Jan 1974

Cocking v Sandhurst (Stationers) Ltd: NIRC 1974

The Appellant employee had applied for leave to amend his first application by substituting the name of the parent company. The Tribunal held that the rules of procedure relating to time limits went to their jurisdiction and that the amended application would be allowed but would bear the date of the amendment and would accordingly … Continue reading Cocking v Sandhurst (Stationers) Ltd: NIRC 1974

In Re Solicitors, Ex Parte Peasegood: QBD 6 May 1993

A request to the court for the removal of a solicitor from the Roll was to be made via Counsel, and not by a litigant in person. Citations: Times 06-May-1993, Independent 06-May-1993 Statutes: Solicitors Act 1974 50 51 Jurisdiction: England and Wales Litigation Practice, Legal Professions Updated: 29 April 2022; Ref: scu.82191

Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at the time of the settlement. It had however known something of the deceit, and the … Continue reading Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

Richard Slade and Company Plc v Erlam: QBD 16 Feb 2022

Client’s appeal from order for preparation of a final statute bill. Judges: His Honour Judge Gosnell ( Sitting as a Judge of the High Court) Citations: [2022] EWHC 325 (QB) Links: Bailii Statutes: Solicitors Act 1974 68 Jurisdiction: England and Wales Legal Professions, Costs Updated: 09 April 2022; Ref: scu.672061

Bulmer (HP) Ltd v Bollinger SA: CA 1974

The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’. Held: The court considered the effect of European legislation on the law of England and Wales. Lord Denning MR said: ‘But when we come to matters with a European element, … Continue reading Bulmer (HP) Ltd v Bollinger SA: CA 1974

Heywood v Wellers: CA 1976

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

Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012

MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012

Radford and Another v Frade and Others: QBD 8 Jul 2016

The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of re-hearing; the question was whether the rulings had been … Continue reading Radford and Another v Frade and Others: QBD 8 Jul 2016

Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

Solicitors Regulation Authority v Wingate and Another: Admn 21 Dec 2016

The SRA alleged that the Solicitors Disciplinary Tribunal had erred in not finding proven some of the serious allegations against the defendant solicitors proven. Held: Some of the appeals succeeded. Holman J [2016] EWHC 3455 (Admin) Bailii Solicitors Act 1974 England and Wales Cited by: See Also – Solicitors Regulation Authority v Wingate and Another … Continue reading Solicitors Regulation Authority v Wingate and Another: Admn 21 Dec 2016

BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose from risks which it was no part of … Continue reading BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

Bilkus v Stockler Brunton (A Firm): CA 16 Feb 2010

Solicitors appealed against the rejection of their claim for an uplift in their fees amounting to andpound;50,000, based on the value element in the transaction in the 1994 Order. The court had to decide whether the matter came under the rules as a contentious or non-contentious matter. There had been a dispute as to the … Continue reading Bilkus v Stockler Brunton (A Firm): CA 16 Feb 2010

Davies v Taylor: HL 1974

The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to effect reconciliation with her but she refused. Shortly before his death, he had instructed his … Continue reading Davies v Taylor: HL 1974

AIG Europe Ltd v OC320301 Llp and Others: CA 14 Apr 2016

‘This appeal turns on the true construction of an aggregation clause contained in an insurance policy applicable to all solicitors’ indemnity policies pursuant to the requirement in the Solicitors’ Act 1974 for compulsory liability insurance for solicitors and the Minimum Terms and Conditions (‘MTC’) required to be incorporated into such polices.’ Held: Teare J went … Continue reading AIG Europe Ltd v OC320301 Llp and Others: CA 14 Apr 2016

Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

Solicitors Regulation Authority v Dennison: Admn 22 Feb 2011

The Authority appealed against the sentence imposed on the respondent by the Soicitoirs Discipinary Tribunal. He had been found to have taken undisclosed referral fees in personal injury litigation giving rise to conflicts of interest and to have been dishonest in part. He had been fined. The SRA said this was unduly lenient. Held: The … Continue reading Solicitors Regulation Authority v Dennison: Admn 22 Feb 2011

Truex v Toll: ChD 6 Mar 2009

The bankrupt appealed against an order in bankruptcy made against her on application by her former solicitors in respect of their unpaid costs. The bankrupt said that since the bill was yet untaxed, it might be altered and could not base a statutory demand. Held: The bankrupt’s appeal was allowed. A claim for solicitors’ fees … Continue reading Truex v Toll: ChD 6 Mar 2009

Malik Law Chambers (Solicitors), Regina (on The Application of) v Legal Complaints Service (The Law Society): Admn 6 May 2010

The solicitor objected to the orders made on a complaint by a client. The complaint had been investigated and satisfied, and the file closed. The interested party had it re-opened and pointed to losses. The adjudicator found the solicitor in breach in having exercised a lien over papers including passports to secure payment of the … Continue reading Malik Law Chambers (Solicitors), Regina (on The Application of) v Legal Complaints Service (The Law Society): Admn 6 May 2010

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr: ChD 6 Feb 2003

The court considered the Rule in Hastings-Bass, and specifically (1) whether the trustee’s decision is open to challenge when the failure to take a consideration into account is not attributable to a breach of fiduciary duty on the part of the trustee; and (2) whether, where a decision is open to challenge on the ground … Continue reading Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr: ChD 6 Feb 2003

Hazelhurst and Others v Solicitors Regulation Authority: Admn 11 Mar 2011

The claimants appealed against disciplinary orders. A member of staff had stolen substantial sums from client account. They had admitted breaches of the Accounts and Practice rules, but personally made good all losses. They said that the Solicitors Discliplinary Tribunal had failed to give adequate reasons for its decisions. Held: The appeal succeeded: ‘the SDT … Continue reading Hazelhurst and Others v Solicitors Regulation Authority: Admn 11 Mar 2011

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

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 is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973

Innocent third Party May still have duty to assist The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents. Held: Disclosure should be ordered. If someone, even innocently … Continue reading Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973