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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: 1997 To: 1997

This page lists 78 cases, and was prepared on 02 April 2018.

 
D v S (Rights of Audience); In re and Application by Dr Pelling Times, 01 January 1997; [1997] 1 FLR 724; [1996] EWCA Civ 1341; [1997] Fam Law 403; [1997] 2 FCR 217
1997
CA
Lord Woolf MR, Waite, Waller LJJ
Litigation Practice, Legal Professions, Family
The court said that the representation of a litigant in person by a charging non-professional must be only exceptional.
Courts and Legal Services Act 1990 17 18 28
1 Citers

[ Bailii ]
 
C v C [1997] 2 FLR 22
1997


Legal Professions
The parties contested the costs of conveyancing work undertaken as a result of ancillary relief proceedings. It was assumed that the work was non-contentious.
1 Citers


 
Wong v Vizards [1997] 2 Costs LR 46
1997

Toulson J
Costs, Legal Professions
The costs charged by the solicitors greatly exceeded the estimate the solicitor had given. Costs were assessed at the amount shown in the original estimate plus 15%. Held: The court referred to rules 3, 4 and 6 in the Solicitors' Costs Information and Client Care Code 1999 and to a number of authorities. A client knows that he will be charged by his solicitor and thus a solicitor who fails to give an estimate should not thereby be disentitled from receiving any fees. The court held the solicitors to the estimated sum plus 15%, but also allowed the solicitor to recover the costs of communications with the client on the basis that these were not covered by the estimate and so (by implication) the Judge reasoned that the client must have expected to pay separately for these communications: "It is open to Mr Wong to argue that in determining what is a reasonable amount for him to pay for the work done, regard should be had to the level of costs which he had been led to believe represented a worst case assessment of his potential liability."
1 Citers


 
Acton v Graham Pearce and Co [1997] 3 All ER 909
1997


Legal Professions
The plaintiff had been convicted on criminal charges but then acquitted on Appeal. He complained that the defendant solicitors had conducted his defence at trial negligently, failing to take steps which reasonably competent solicitors would have taken. Held: The complaint was made out. The solicitors' failures were not limited to preliminary decisions and were not within the scope of the forensic immunity established by Rees v Sinclair . There was no public policy objection to the plaintiff's claim since far from challenging the final subsisting decision of a court his claim was entirely consistent with his acquittal on appeal. The court would grant anonymity to a firm of solicitors where serious allegations were made.
1 Citers


 
Hellenic Mutual War Risks Association (Bermuda) Ltd v Harrison ('The Sagheera') [1997] 1 Lloyds Rep 160
1997
ChD
Rix J
Legal Professions
The dominant purpose test applies in relation to legal advice privilege in a different way from the way it applies in relation to litigation privilege. In legal advice privilege the practical emphasis is upon the purpose of the retainer. If the dominant purpose of the retainer is the obtaining and giving of legal advice, then, although it is in theory possible that individual documents may fall outside that purpose, in practice it is unlikely.
Rix J said: "Parties who grant a joint retainer to solicitors of course retain no confidence as against one another: if they subsequently fall out and sue one another, they cannot claim privilege. But against all the rest of the world, they can maintain a claim for privilege for documents otherwise within the ambit of legal professional privilege; and because their privilege is a joint one, it can only be waived jointly, and not by one party alone. These principles are, I believe, well established: see for instance Rochefoucauld v. Boustead (1896) 65 L.J.Ch. 794, Cia Barca de Panama S.A. v. George Wimpey Y Co. Ltd., [1980] 1 Lloyd's Rep. 598, In Re Koninsberg (A Bankrupt), [1989] 1 W.L.R. 1257."
Rix J said: "In legal advice privilege, I would suggest, the practical emphasis is upon the purpose of the retainer. If the dominant purpose of the retainer is the obtaining and giving of legal advice, then although it is in theory possible that individual documents may fall outside that purpose, in practice it is unlikely. If, however, the dominant purpose of the retainer is some business purpose, then the documents will not be privileged, unless exceptionally even in that context advice is requested or given, in which case the relevant documents probably are privileged." and "In the present case the retainer is said to be for the purpose of investigating and advising on the casualty. In my judgment that meets the dominant purpose test, for the purpose of investigation is inseparable from the purpose of advice."
1 Cites

1 Citers


 
Bristol and West Building Society v Fancy and Jackson and similar [1997] 4 All ER 582
1997
ChD
Chadwick J
Agency, Legal Professions
The solicitor defendants (and others) had acted for both the lender and the borrower. Under their retainer they were required to notify the lender of any matters which might prejudice its security. The solicitors failed in one case to report that they did not have an official search certificate, in another case to report circumstances that suggested that the true price was lower than the basis on which the advance was made, and in a third case to report circumstances which might have suggested the need for a further valuation. Held: In Fancy and Jackson there was no loss for which the solicitor was responsible. In the second case (Steggles Palmer) the solicitor was responsible for all the consequences of the borrower entering the transaction, because the lender, if it had known what it should have known, would have been unwilling to lend to that borrower at all; and in the third case (Colin Bishop), the solicitor should be liable only for what any further valuation would have shown was the extent of the overvaluation concerned, a matter yet to be adjudicated.
Chadwick J said: "In circumstances where the lender and the borrower instruct separate solicitors, I am not persuaded that a competent solicitor, acting for the lender, would be acting unreasonably if he accepted from the borrower's solicitor a mortgage deed which appeared on its face to have been executed by the mortgagors and witnessed. If there was nothing irregular on the face of the document the lenders' solicitor would be entitled to accept it without question. He would not be required to enquire into the circumstances in which it was executed. But - and this is, of course, an important safeguard - the lender would have the benefit of the implied warranty of authority given by the borrowers' solicitor that he has the authority of the borrowers to complete the mortgage by delivering the mortgage deed - see the judgments of the Court of Appeal in Penn v Bristol & West . . I can see no reason why the position should be different in the circumstances that the same solicitor acts for both the lender and the borrowers. I do not hold that the duty of the solicitor, as solicitor for the lender, is increased by the fact that he acts also for the borrowers: but, equally, I can see no reason why, as solicitor for the borrowers, he should not be taken to warrant to the lender that he is acting for them in the transaction with their authority. That does not, necessarily, mean that that he is warranting that the signature on the mortgage deed is authentic; but it has much the same effect."
and: "The fundamental reason why a person, purporting to act as agent for another would normally be deemed to have warranted his authority so to act is to ensure that any person dealing with the supposed agent is protected against the risk that he does not have the authority which he claims. The supposed agent will normally know whether he has the authority which he claims, or the ability to determine whether he has such authority; whereas any party dealing with him will not. So it is only right that the risk of lack of authority should be borne by the agent by way of an implied warranty. That risk normally manifests itself in the fact that, if the agent does not, in truth, have the authority which he claims, the other party will be deprived of any effective redress against the assumed principal. In such circumstances, the warranty of authority will give equivalent redress against the agent. This appears to have been a major consideration in the emergence and development of the doctrine. But its application is not limited to cases where a transaction entered into in reliance on the supposed authority of the agent was with the alleged principal himself. That is demonstrated by a number of reported cases, most recently Penn . . But I nonetheless agree with Mr Berkley that the core problem sought to be addressed by the imposition of a warranty of authority is whether the person acting as agent did or did not have authority so to act."
However: "On the other hand, a person acting on behalf of another will not normally be deemed to warrant any particular attributes of his principal or any other aspects of the transaction in which he claims to be acting on his behalf"

 
Regina v Law Society ex parte Ingman Foods Oy Ab [1997] EWHC Admin 26; [1997] 2 All ER 666
17 Jan 1997
Admn

Legal Professions
The claimant sought compensation from the respondent for the actions of his solicitor. The Society resisted saying that the claimant was himself largely responsible for his losses.
1 Citers

[ Bailii ]

 
 Thomas Watts and Co v Malcolm Davies Smith; CA 20-Jan-1997 - [1997] EWCA Civ 810

 
 Sears Tooth (A Firm) v Payne Hicks Beach (A Firm) and Others; FD 24-Jan-1997 - Gazette, 05 February 1997; Times, 24 January 1997; [1997] 2 FLR 116
 
Brick v Solicitors' Indemnity Fund Ltd [1997] EWCA Civ 868
29 Jan 1997
CA

Legal Professions

[ Bailii ]
 
In the Matter of Solicitors Act [1997] EWCA Civ 883
30 Jan 1997
CA

Legal Professions

Solicitors Act 1974
[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 117
10 Feb 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 118
10 Feb 1997
Admn

Legal Professions

[ Bailii ]
 
International Credit and Investment Co (Overseas) Ltd and Another v Adham and Others Gazette, 05 March 1997; Times, 10 February 1997
10 Feb 1997
ChD

Legal Professions
The power to order a solicitor to disclose his client's address can be used to prevent fraud.

 
Regina v In the Matter of a Solicitor, in the Matter of Solicitors Act 1974 [1997] EWHC Admin 170
20 Feb 1997
Admn

Legal Professions

[ Bailii ]

 
 Regina v In the Matter of a Solicitor in the Matter of Solicitors Act 1974; Admn 21-Feb-1997 - [1997] EWHC Admin 173
 
In Re A Solicitor (Ofosuhene) 21 February 1997 unreported
21 Feb 1997
CA
Rose LJ, Nelson and Hooper JJ
Legal Professions
Mr Ofusehene was a solicitor whose conduct had been referred to the Solicitors Disciplinary Tribunal, but the Tribunal then declined jurisdiction on the basis that the conduct complained of arose prior to his admission as a solicitor. Held: Where the Law Society had not become aware of an appellant's convictions before becoming a solicitor, it would have been able to file a complaint in respect of their pre-admission convictions and conduct with the SDT and seek an order striking them off the roll.
Rose LJ said: "It seems to me to be plain that the whole purpose of (section 47) is to enable jurisdiction to be exercised over those presently practising as solicitors. It is, as Sir Thomas Bingham MR pointed out in Bolton . . both in the public interest and in the interest of maintaining the reputation of the solicitors' profession, that this should be so and that appropriate standards should be maintained by those who practise as solicitors.
To this end, it seems to me that if, in the past, one who is now a solicitor has behaved in a way which is incompatible with such standards, it is, and should be open to the tribunal to say so and to control the circumstances in which, if at all, he or she should continue to practice in the future. It is entirely consonant with this purpose, that the tribunal should exercise jurisdiction over one who is a solicitor by reference to past behaviour, whatever his or her status at the time of that behaviour. The tribunal's jurisdiction over a person accused rests solely and entirely on the present status of an accused as a solicitor. Whether in a particular case past conduct is compatible with the accused continuing in practice will depend, plainly, on the nature of the conduct as proved before and assessed by the tribunal."
Solicitors Act 1974 47
1 Citers



 
 Sawrij, Swalesmoor Mink Farm Limited v Lynx (Helping Abused Animals) Limited, Glover Ormrod; CA 21-Feb-1997 - [1997] EWCA Civ 1070
 
Irving Brown v Law Society [1997] EWCA Civ 1128
28 Feb 1997
CA

Legal Professions

[ Bailii ]

 
 Dr Akena Adoko v Law Society; CA 7-Mar-1997 - [1997] EWCA Civ 1187
 
Katz; Lovett; Talbot v McNally; McNally and McNally [1997] EWCA Civ 1185
7 Mar 1997
CA
Brooke LJ
Legal Professions, Torts - Other
Champerty.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Law Society ex parte Leslie James Geisha [1997] EWHC Admin 265
13 Mar 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of an Application for Solicitors To Be Removed From Record [1997] EWCA Civ 1231
13 Mar 1997
CA

Legal Professions, Litigation Practice

[ Bailii ]
 
Joseph Aaron v Joy Okoye [1997] EWCA Civ 1274
19 Mar 1997
CA
Lord Justice Hirst
Costs, Legal Professions

1 Cites

[ Bailii ]
 
Swindle, Fillmore, Cox, Rowett v Harrison and Harrison Times, 17 April 1997; [1997] EWCA Civ 1339
25 Mar 1997
CA

Equity, Legal Professions, Undue Influence
Negligence short of fraud gave no right to damages for non-disclosure.
1 Citers

[ Bailii ]
 
Manzanilla Limited v Corton Property and Investments Limited John Maciver (Southport) Limited Rootbrights Limited Halliwell Landau (a Firm) [1997] EWCA Civ 1492
23 Apr 1997
CA

Contract, Legal Professions


 
Penn v Bristol and West Building Society and Others Times, 24 April 1997; [1997] 3 All ER 470; [1997] EWCA Civ 1416; [1997] 1 WLR 1356; [1997] PNLR 607
24 Apr 1997
CA
Staughton, Waite, Waller LJJ
Legal Professions, Professional Negligence
The solicitor innocently accepted instructions to sell a property, but was misled as to the identity of the wife - one of the joint owners. Unknown to him, however, Mr Penn had forged his wife's signature on the contract documents. He was sued by the lender to the buyer (who had also been involved in the fraud). Held: The Solicitor acting for vendor was to be held liable as having given a warranty that he was instructed by the true owners.
Waller LJ having said that the solicitor thought he was acting for the wife as well as the husband and, in all the pre-contract correspondence, negotiations and completion, held himself out as duly authorised by the husband and wife jointly, held that the building society had to establish that a promise had been made to it by the agent, to the effect that the agent had the authority of the principal, and that it had provided consideration by acting in reliance on that promise. He concluded that all the necessary ingredients were present for establishing a warranty by the solicitor in favour of the building society that the solicitor had the authority of Mrs Penn.
1 Cites

1 Citers

[ Bailii ]
 
R v Law Society Compensation Fund ex parte Scruton [1997] EWCA Civ 1547
28 Apr 1997
CA

Legal Professions

[ Bailii ]
 
Regina v Council for Licensed Conveyancers ex parte John Raymond Sidney Godolphin [1997] EWHC Admin 441
6 May 1997
Admn

Legal Professions

[ Bailii ]

 
 Regina v Secretary of State for Transport ex parte Factortame and others (5); Admn 7-May-1997 - Times, 16 May 1997; Gazette, 04 June 1997; [1997] EWHC Admin 445; (1997) 9 Admin LR 591; [1997] COD 432
 
Mohammad Rashid Ahmad Raza Mirza v The Joint Regulations Committee [1997] EWCA Civ 1685
14 May 1997
IoC

Legal Professions
The applicant appealed a decision of the Joint Regulation Committee. He had been admitted, and had practised as a barrister in Pakistan. He had qualifications and experience which he asserted should give some exemption from the normal examination and pupillage requirements for admission to the English Bar. The Visitors pointed out that the academic qualifications had not been recognised by the Committee. Although the applicant did indeed have considerable experience, the court could not criticise the decision of the Committee as unreasonable. They faced clear requirements which the applicant did not meet.
[ Bailii ]
 
X Corporation v Y Unreported, 16 May 1997
16 May 1997


Legal Professions, Litigation Practice
Legal professional privilege might be taken to be waived if it would be unfair to allow a client to maintain it.
1 Citers



 
 Samuels v Coole and Haddock (a Firm); CA 22-May-1997 - [1997] EWCA Civ 1755; [1997] CLY 4860
 
Irving Brown v Law Society and Andrew Christopher Graham Hopper (2) [1997] EWCA Civ 1784
4 Jun 1997
CA

Legal Professions

[ Bailii ]
 
Nationwide Building Society v Lewis and Another Times, 16 June 1997
16 Jun 1997
ChD

Legal Professions
A solicitor's firm is responsible for advice given by an employee signing correspondence in the firm's name and where it seems apparent that a partner was acting.
1 Cites

1 Citers


 
Regina v Secretary of State for Home Department ex parte Tumwa George [1997] EWCA Civ 1907
19 Jun 1997
CA

Legal Professions
Right of a non-practising barrister to assist in representing a client. Permission refused.
Courts and Legal Services Act 1990
[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 583
23 Jun 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 582
23 Jun 1997
Admn

Legal Professions

[ Bailii ]
 
In The Matter Of 'RSD' (A Barrister) and In The Matter Of An Appeal Against Conviction And Sentence From A Hearing Of The General Council Of The Bar Disciplinary Tribunal [1997] EWCA Civ 1932
23 Jun 1997
CA

Legal Professions
The appellant had been convicted by the Bar Disciplinary Tribunal of professional misconduct in having supplied legal services as a barrister, and having held himself out as willing and able to provide legal services as a barrister in independent practice. He had not completed his 12 months pupillage. In fact, on appeal it appeared that he had not practised, and had not supplied legal services. Although he may have held himself out as qualified to the chambers, that was not the charge. The second charge was presented on the basis that he had so held himself out when applying to the Law Society for admission as a solicitor. Again, it appeared that in fact he had not got as far as making an application. Accordingly the findings were set aside.
[ Bailii ]
 
Maguire v Makaronis (1997) 188 CLR 449; [1997] HCA 23; (1997) 144 ALR 729; (1997) 71 ALJR 781
25 Jun 1997

Brennan CJ, Gaudron, McHugh, Gummow, Kirby JJ
Commonwealth, Equity, Legal Professions, Damages
High Court of Australia - Equity - Fiduciary duties - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Ascertainment of particular fiduciary duties.
Equity - Equitable remedies - Rescission - Relevance of causal connection between breach of fiduciary duty and execution of mortgage - Scope of equity for rescission - Whether clients required to "do equity" by honouring contractual obligation to pay principal and interest secured by mortgage - Rate of interest payable on principal sum outstanding under mortgage.
Legal practitioners - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Fiduciary duties - Equitable remedies.
"In Australia, the measure of compensation in respect of losses sustained by reason of breach of duty by a trustee or other fiduciary is determined by equitable principles and . . these do not necessarily reflect the rules for assessment of damages in tort or contract."
1 Citers

[ Austlii ]
 
Regina v Legal Aid Board ex parte T, a Firm of Solicitors [1997] EWHC Admin 592
25 Jun 1997
Admn

Legal Aid, Legal Professions
Application for judicial review of decision of Legal Aid board - granted.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Legal Aid Board ex parte T, a Firm of Solicitors; Admn 25-Jun-1997 - [1997] EWHC Admin 593
 
Ashman v Severn Trent Water Ltd and National Rivers Authority [1997] EWCA Civ 1980
26 Jun 1997
CA

Legal Professions, Legal Aid
The solicitor appealed against a refusal of the court to allow him to come off the record in acting for the plaintiff. The court had said that since the plaintiff was legally aided, the solicitor must first deal with the Legal Aid certificate.
[ Bailii ]
 
Hutson Poole Williamson (a Firm) v Irene Crosthwaite [1997] EWCA Civ 2008
2 Jul 1997
CA

Legal Professions, Costs

[ Bailii ]
 
Manzanilla Limited v Corton Property and Investments Limited; John Mciver (Southampton) Limited; Rootbrights Limited and Halliwell Landau (a Firm) Times, 04 August 1997; [1997] EWCA Civ 2037
7 Jul 1997
CA

Legal Professions
After settlement between parties of a wasted costs application, a note may be put to the judge where this was needed in order to clear the reputation of lawyer involved.
[ Bailii ]
 
David Gladstone Livingstone, Gloria Livingstone v Frasso [1997] EWCA Civ 2054
9 Jul 1997
CA

Legal Professions
Solicitors appealed a wasted costs order. They appealed on the basis that the judge had not followed the appropriate procedure, which required a proper opportunity for the solicitors against an order is proposed, to show cause why the order should not be made. Before such an order can be made it must be shown that the solicitors have acted improperly, unreasonably or negligently, that costs have in fact been wasted and that the solicitors must be given notice of the complaints made against them, as a consequence of which the solicitors are entitled to be represented and to show cause why a wasted costs order should not be made.
1 Cites

[ Bailii ]
 
David Gladstone Livingstone, Gloria Livingstone v Frasso [1997] EWCA Civ 2055
9 Jul 1997
CA

Legal Professions, Costs

1 Citers

[ Bailii ]
 
Anthony Charles Wall v Geoffrey Lefever Town and Country Conveyancing (a Firm) Times, 01 August 1997; [1997] EWCA Civ 2092
14 Jul 1997
CA

Legal Professions
The Judge actually hearing a case has the best view of whether the lawyer's behaviour justified a wasted costs order; an appeal was wrong save for an error in principle.
[ Bailii ]
 
In the Matter of 'B' v In the Matter of Solicitors Act 1974 [1997] EWHC Admin 692
16 Jul 1997
Admn

Legal Professions

[ Bailii ]
 
Farrer and Another v Messrs Copley Singletons (Formerly Known As Messrs Gowan and Singleton) (a Firm) [1997] EWCA Civ 2127
17 Jul 1997
CA

Legal Professions
Four clients together instructed the solicitor to act in the purchase of land. It was agreed to be urgent. One client gave instructions that the solicitor need not undertake the searches he would normally undertake. He acted upon them. Held: The solicitor was liable in negligence. The instructions were to not be treated as the instructions of all four clients.
1 Cites

[ Bailii ]

 
 Taylor Monarch Assurance Plc v Director of Serious Fraud Office, McKenzie, Law Society Rogerson; CA 22-Jul-1997 - Gazette, 24 September 1997; Times, 27 August 1997; [1997] EWCA Civ 2163

 
 Taylor and Taylor v Ribby Hall Leisure Limited and North West Leisure Holdings Limited; CA 6-Aug-1997 - Times, 06 August 1997; [1997] EWCA Civ 2220; [1998] 1 WLR 400
 
William Corbett v Bond Pearce (a Firm) [1997] EWCA Civ 531
8 Aug 1997
CA

Professional Negligence, Wills and Probate, Legal Professions
The solicitors had added a date to a will executed by the client, as a result of this the will had been open to challenge. Objection was then made to the will on the ground of capacity. An action found negligence, but costs were paid from the estate of over £150,000.
1 Cites

1 Citers

[ Bailii ]
 
Lindsey Ann Kelley v Jean Corston Times, 20 August 1997; Gazette, 28 August 1997; [1997] EWCA Civ 2081; [1998] 1 FLR 996; [1998] 3 WLR 246
20 Aug 1997
CA
Butler-Sloss LJ, Pill LJ, Judge J
Legal Professions, Family
The plaintiff employed the defendant barrister to pursue her claim for ancillary relief in divorce. She sought to recover damages for his alleged negligence. Held: A barrister's immunity from suit for negligence in advocacy extends to settlements made under court approval and once there has been any intervention of the court.
Butler-Sloss LJ said: "Although it is possible for the parties, after the dissolution of their marriage to agree a settlement without recourse to the courts it is a widespread practice to embody the agreement in a court order with the advantages of court enforcement of the provisions of the order if not complied with."
1 Cites

1 Citers

[ Bailii ]
 
Awad Awwad v Geraghty and Company [1997] EWCA Civ 2334; [2001] QB 570
8 Sep 1997
CA
Nourse, Evans LJJ
Legal Professions, Costs
The court considered an application for leave to appeal as to whether a litigation agreement was champertous and void.
1 Citers

[ Bailii ]
 
Rooks Rider (a Firm) v Robert A W Thorogood [1997] EWCA Civ 2341
11 Sep 1997
CA

Legal Professions, Contract

[ Bailii ]
 
Twigg Farnell (Formerly Alan Farnell and Co) v Leslie Wildblood [1997] EWCA Civ 2378
26 Sep 1997
CA

Legal Professions

[ Bailii ]
 
Twigg Farnell (Formerly Alan Farnell and Co) v Leslie Wildblood [1997] EWCA Civ 2377
26 Sep 1997
CA

Legal Professions

[ Bailii ]
 
Twigg Farnell (Formerly Alan Farnell and Co) v Leslie Wildblood [1997] EWCA Civ 2376
26 Sep 1997
CA

Legal Professions

[ Bailii ]
 
Woolwich Building Society v Ruth Fineberg [1997] EWCA Civ 2402
2 Oct 1997
CA

Legal Professions
Application for extension of time to appeal against wasted costs order.
[ Bailii ]
 
Regina v Council for Licensed Conveyancers v Discipline and Appeals Committee ex parte John Raymond Sidney Godolphin [1997] EWHC Admin 877
15 Oct 1997
Admn

Legal Professions

[ Bailii ]
 
Secretary of State for Trade and Industry v Baker and Others Times, 23 October 1997
23 Oct 1997
ChD

Legal Professions
A report produced under statutory duty cannot claim legal professional privilege because intended for use in litigation.

 
Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod [1997] EWHC Admin 969
4 Nov 1997
Admn
Sedley J
Legal Professions
The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint of vexation in this application.
Supreme Court Act 1981
1 Citers

[ Bailii ]
 
Dragica Brick v Alistair Porter and Co and Solicitors' Indemnity Fund Ltd [1997] EWCA Civ 2742
18 Nov 1997
CA

Legal Professions

[ Bailii ]

 
 Burrows v Vauxhall Motors Ltd; Mongiardi v IBBC Vehicles Ltd; CA 19-Nov-1997 - Gazette, 10 December 1997; Times, 17 December 1997; [1997] EWCA Civ 2756
 
Philip William Moss v Cross Solicitors [1997] EWCA Civ 2844
27 Nov 1997
CA

Legal Professions
Application for leave to appeal - refused.
[ Bailii ]

 
 Hejduskova (Formerly Searle) v Raskin; CA 28-Nov-1997 - [1997] EWCA Civ 2856
 
Parker v Law Society [1997] EWCA Civ 2871
1 Dec 1997
CA

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1133
15 Dec 1997
Admn

Legal Professions

[ Bailii ]

 
 United Mizrahi Bank Ltd v Doherty and Others; ChD 15-Dec-1997 - Times, 15 December 1997
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1131
15 Dec 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1132
15 Dec 1997
Admn
The Lord Chief Justice Of England, (Lord Bingham Of Cornhill ), Mr Justice Jowitt, And Mr Justice Hooper
Legal Professions
The appellant solicitor had been found to have appropriated client funds to himself. He appealed an order striking his name from the Roll of solicitors. He had repaid the sums, and said that he had paid them to satisfy a blackmailer. Held: An appellate court should be cautious before setting aside a decision of the disciplinary tribunal which had heard the parties and the evidence. The jurisdiction of the tribunal was not entirely punitive, and accordingly normal rules and considerations of mitigation did not apply. Appeal refused.
1 Cites

[ Bailii ]

 
 Scotlife Home Loans (No 2) Limited v Melinek and Melinek; CA 16-Dec-1997 - [1997] EWCA Civ 3012

 
 Thacker v Crown Prosecution Service; CA 16-Dec-1997 - Times, 29 December 1997; [1997] EWCA Civ 3000
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1142
16 Dec 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1143
16 Dec 1997
Admn

Legal Professions

[ Bailii ]
 
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1997] EWHC Admin 1141
16 Dec 1997
Admn

Legal Professions

[ Bailii ]
 
Council for Licensed Conveyancers v Paul Mooney and Kathleen Mooney (By Original Action) and Between Paul Mooney v Council for Licensed Conveyancers and Angela Viney [1997] EWCA Civ 3038
18 Dec 1997
CA

Legal Professions, Judicial Review
The respondent's practice had suffered intervention by the Council. He complained that they had not followed the required procedure. Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse of process. This was not a case in which the public law element was incidental.
Administration of Justice Act 1985 31
1 Cites

[ Bailii ]
 
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