Where the judge had listened to the evidence of a careful and competent solicitor, as to which of two companies he considered that he was instructed by, and had decided accordingly, an appeal court should not substitute its own view for that factual assessment. In this case, the issue was what the solicitor thought, and not want the companies had intended. The delivery of the fee note was powerful but not conclusive evidence as to who was the actual client.
Citations:
Times 21-Dec-2000
Jurisdiction:
England and Wales
Legal Professions
Updated: 10 May 2022; Ref: scu.82522
