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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Legal Professions - From: 1200 To: 1799

This page lists 25 cases, and was prepared on 02 April 2018.

 
Case JXXXIX 11 E 4, 10 [1220] EngR 73; (1220-1623) Jenk 141; (1220) 145 ER 98 (D)
1220


Legal Professions
Office Grants Annuity
[ Commonlii ]

 
 Lee v Markham; 1568 - [1568] Toth 48; [1568] 21 ER 120

 
 Prohibitions Del Roy; The Case De Modo Decimandi,; CCP 1572 - [1572] EngR 303; (1572-1616) 12 Co Rep 63; (1572) 77 ER 1342; [1572] EngR 389; (1572-1616) 13 Co Rep 37; (1572) 77 ER 1448

 
 Berd v Lovelace; 1576 - [1576] EngR 10; (1576-77) Cary 61; (1576) 21 ER 33 (E)

 
 Creed v Trap; 1578 - [1578] EngR 22; (1578-79) Choyce Cases 121; (1578) 21 ER 74 (B)
 
Dennis v Codrington [1579] EngR 37; (1579-80) Cary 100; (1579) 21 ER 53 (D)
1579


Legal Professions
A counsellor not to be examined of any matter, wherein he hath been of couunsel.- The plaintant seeks to have Master Oldsworth examined touching a matter in variance, wherein he hath been of counsel ; it is ordered he shall not be compelled by subpoena, or otherwise, to be examined upon any matter concerning the same, wherein he the said Mr. Oldsworth was of counsel, either by the indifferent choice of both parties, or with either of them by reason of any annuity or fee.
1 Citers

[ Commonlii ]

 
 MS Is Not Found; SCS 2-Jan-1592 - [1592] Mor 341

 
 Commissaries of Edinburgh v Russell; SCS 28-Nov-1609 - [1609] Mor 341
 
Creditors of Wamphray v Lady Wamphray (1675) Mor 347
1675


Scotland, Legal Professions
An advocate was not bound to disclose "any private advice or secret of his calling or employment"
1 Citers


 
Earl of Northesk v Cheyn (1680) Mor 353
1680


Scotland, Legal Professions
Legal professional privilege.

 
Barnardiston v Soam (No 1) [1685] EngR 216; (1685) 3 Keb 389; (1685) 84 ER 783
1685


Legal Professions, Elections

1 Citers

[ Commonlii ]
 
Barnardiston v Soam (No 2) [1685] EngR 215; (1685) 3 Keb 419; (1685) 84 ER 798 (D)
1685


Legal Professions, Elections

1 Cites

1 Citers

[ Commonlii ]
 
Barnardiston v Soam (No 4) [1685] EngR 214; (1685) 3 Keb 442; (1685) 84 ER 812 (D)
1685


Elections, Legal Professions

1 Cites

1 Citers

[ Commonlii ]
 
Barnardiston v Soame [1702] EngR 9; (1702) Pollex 470; (1702) 86 ER 615
1702

North CJ
Legal Professions, Elections
On the death of Sir Henry North, one of the knights for Suffolk ; a writ was issued forth for the election of a new member, and Sir Samuel Barnardiston and my Lord Huntingtowre were the two candidates ; but Sir Samuel carried it by 78 voices, and was returned ; and my Lord Huntingtowre having made an interest with the sheriff, got the sheriff to return him too, and he sat in the House till the election was there determined for Sir Samuel : whereupon Sir Samuel Barnardiston, for this double return, brought an action upon the case against the sheriff, and tried it at the King's Bench Bar, 12 Nov. 1674, before my Lord Chief Justice Hale, and recovered 1000l damages : and afterwards a writ of error was brought in the Exchequer-Chamber, and there the judgment in the King's-Bench was reversed :
North CJ said: "They who are intrusted to judge, ought to be free from vexation, that they may determine without fear; the law requires courage in a judge, and therefore provides security for the support of that courage."
1 Cites

1 Citers

[ Commonlii ]
 
Mr Patrick Haldane, Advocate, On His Own Behalf, and Robert Dundas, Esq; His Majesty'S Advocate for Scotland, On Behalf of The Crown v The Dean and Faculty of Advocates, and The Principal Clerks of Session [1723] UKHL Robertson_422; (1723) Robertson 422
4 Feb 1723
HL

Scotland, Legal Professions
Appeal - The Court of Session having refused to put Mr. Haldane, (who had obtained the king's letter of appointment, as an Ordinary Lord of Session,) upon trial for what the Court deemed want of due service, as an advocate, an appeal lay from the determination of the Court.
College of Justice - Mr. Haldane, who had been a member of the faculty of advocates for seven years, but who by being a member of parliament, and a commissioner for the forfeited estates, during great part of that time, did not then attend in the College of Justice, was nevertheless qualified to be a Lord of Session.
[ Bailii ]
 
The Commissioners and Trustees for The Forfeited Estates, On Three Appeals v George Lockhart of Carnwath, Esq; [1725] UKHL Robertson_514; (1725) Robertson 514
6 Feb 1725
HL

Scotland, Legal Professions
Presumption-Bond - Bonds of pension granted to an advocate, afterwards President of the Session, during his continuance to be an advocate, are sued on, after his death by his son, as wholly remaining due, after the lapse of a good many years from their dates; and are sustained till the date of the grantee's becoming President of the Session, his son giving his oath of credulity as to any payments made on the debts acclaimed.
[ Bailii ]
 
Twiford v Huggins [1726] EngR 863; (1726) 1 Barn KB 1; (1726) 94 ER 1 (A)
1726


Legal Professions
When an action is brought in the King's Bench against an officer of the Common Pleas, what shall be a good plea of privilege to such action.
This was an action of debt against the warden of the Fieet for an escape, The defendant pleads that he is an officer of the Common Pleas, ratione cujus attendentia sua indies requiritur in that Court. To which the plaintiff demurs. Exception was taken to the plea, for that he does not say he does every day attend. But the Court took a difference between such officers, as in the case at Bar, whose attendance the Court have a right to virtute officii, and such officers, who attend only casually, as attornies and clerks to the prothonotaries for the first may plead such a plea as the present one, but the other must say, they do every day attend ; accordingly the Court gave judgment for the defendant.
[ Commonlii ]
 
McLeod v McLeod (1744) Mor 16754
1744


Scotland, Legal Professions

1 Citers


 
James Catanach, Et Alii C H Gordon, and R Paterson, Vice-Chancellor of The University of Aberdeen [1745] UKHL 1_Paton_401
11 Apr 1745
HL

Scotland, Legal Professions
Professor of law.-
It being required by the foundation of a college, that the professors of law should be doctors of laws, or at least licentiates, cum rigore examinations, an objection that the college could no longer confer that degree legally, was not sustained against one who pretended to be so qualified.
[ Bailii ]
 
Fabrigas v Mostyn (1773) 20 St Tr 82; [1775] 1 Copp 161; [1775] 98 ER 1021
1775

Lord Mansfield CJ
Constitutional, Commonwealth, Personal Injury, Legal Professions
The plaintiff a native Minorquan sought to bring an action in England for an alleged assault and false imprisonment on him in Minorca by the Governor of Minorca. Held: Such an action could be brought. What foreign law is is a matter of fact to be determined by the provision of evidence, with the court assisting the jury to explain it. An action may not be brought against a judge on a court of record for something done by him in court. He may plead that it was done as such a judge, and that will be a complete defence.
1 Cites


 
Kingston's (Duchess) Case (1776) 1 East PC 468; (1776) 20 ST 336
1776


Ecclesiastical, Estoppel, Legal Professions
The judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive between the same parties coming incidentaly in question in another court for a different purpose. The principle of litigation privilege is restricted to legal advice.
1 Citers


 
Earl Cholmondeley v Lord Clinton [1789] EngR 567; (1789-1817) 2 Ves Jun Supp 570; (1789) 34 ER 1231
1789


Legal Professions
A solicitor even though he may not be continuing to act for a particular client, must never be permitted to disclose, to the injury of that client, matters of which he had learned whilst so employed.
1 Citers

[ Commonlii ]
 
Cresswell v Byron [1789] EngR 451; (1789-1817) 2 Ves Jun Supp 372; (1789) 34 ER 1138 (B)
1789


Legal Professions

1 Citers

[ Commonlii ]
 
Creswell v Byron [1791] EngR 1459; (1791) 3 Bro CC 362; (1791) 29 ER 584 (B)
9 Aug 1791


Legal Professions

1 Cites

1 Citers

[ Commonlii ]
 
Wilson v Rastall (1792) 4 Durn & E 753
1792

Buller J
Legal Professions
Once legal professional privilege is established, the lawyer’s mouth is “shut for ever”.
1 Citers


 
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