In supervisory proceedings against lawyers, claims of abuse of process are to be pursued at the substantive hearing and not by way of pre-emptive applications. Delay in bringing an application to enforce a solicitor’s undertaking can be relevant to the exercise of the discretion to enforce it summarily.
Judges:
Lord Woolf MR, Hutchison LJ, Mummery LJ
Citations:
Times 06-Aug-1997, [1997] EWCA Civ 2220, [1998] 1 WLR 400
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Myers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .
Cited by:
Cited – Angel Solicitors v Jenkins O’Dowd and Barth ChD 19-Jan-2009
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Litigation Practice, Contempt of Court
Updated: 09 November 2022; Ref: scu.89734