Search Results for: Law Society

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Giles v The Law Society: CA 20 Oct 1995

A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application under paragraph 6(4) of schedule 1] (I prefer not to use the word discretion … Continue reading Giles v The Law Society: CA 20 Oct 1995

In re Ainsworth, ex parte the Law Society: 1905

An unqualified person who gives notice of appearance is thereby acting in contravention of section 2 of the 1843 Act. The relevant rule of court required a notice of appearance to be given either by the defendant himself or his solicitor. Judges: Lord Alverstone CJ Citations: [1905] 2 KB 103 Statutes: Solicitors Act 1843 2 … Continue reading In re Ainsworth, ex parte the Law Society: 1905

The Law Society v Alec Leslie Wheeler and John Michael Stephens: Admn 21 Jul 2005

The solicitors had obtained pemission from the Society to employ a struck off solicitor. The Society came to allege that the actual employment differed and was not covered by the consent, The Society appealed a finding that the solicitors were not guilty of unbefitting conduct in their supervision of the struck off solicitor. Held: Nothing … Continue reading The Law Society v Alec Leslie Wheeler and John Michael Stephens: Admn 21 Jul 2005

The Law Society, Regina (on the Application of) v Legal Services Commission and others: Admn 27 Jul 2007

The Law Society challenged the manner of introduction by the defendant of the proposed Unified Contract for the provision of legal aided services. Judges: Beatson J Citations: [2007] EWHC 1848 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions, Legal Aid Updated: 04 December 2022; Ref: scu.259641

The Law Society v Sephton and Co and others: CA 13 Dec 2004

The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004

Singh v Law Society: QBD 5 Dec 2001

Several partners in a solicitors practice may have been at fault, but only one partner had been brought before the tribunal. He appealed against an order making him solely responsible for the costs. Held: There was nothing necessarily wrong with such an order. Judges: Lord Justice Kennedy, Mrs Justice Hallet and Mr Justice Stanley Burnton … Continue reading Singh v Law Society: QBD 5 Dec 2001

Regina v The Law Society, Ex parte Nicholson: 22 Feb 1985

A legal aid committee could not refuse legal aid under this provision solely on the ground that the applicant had acquired the cause of action by assignment from an insolvent company, without having regard to the other circumstances of the case. Judges: Hodgson J Citations: Unreported, 22 February 1985 Statutes: Legal Aid Act 1988 15(3)(a) … Continue reading Regina v The Law Society, Ex parte Nicholson: 22 Feb 1985

Law Society v Southall: CA 17 May 2001

Application for leave to appeal. Citations: [2001] EWCA Civ 756 Links: Bailii Jurisdiction: England and Wales Cited by: Application for leave – Law Society v Southall CA 14-Dec-2001 In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. … Continue reading Law Society v Southall: CA 17 May 2001

Dr Adoko v Law Society: CA 7 Mar 1997

The appellant had complained to the Employment Tribunal alleging race discrimination by the Respondent. That claim had failed, and several appeals had also failed. The claim alleged indirect discrimination, and the respondent admitted unwitting indirect discrimination, and accordingly no damages were payable. Because of his manner of conduct of the proceedings, including disclosure of matters … Continue reading Dr Adoko v Law Society: CA 7 Mar 1997

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

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

Wood v Law Society: CA 1 Mar 1995

The solicitor had acted for the client in a series of loans, and had not disclosed his own directorship in one or more of the companies. His firm later acted for the lender in recovering possession form their former client. The claimant made several complaints to the Law Society. Held: A damages claim against Law … Continue reading Wood v Law Society: CA 1 Mar 1995

Regina v Lord Chancellor ex parte Law Society: CA 11 Aug 1993

Lord Chancellor is free to impose a fee scheme if it accords with the words of the Act. The standard fees regulations for magistrates Courts works are within the Lord Chancellor’s powers. Citations: Times 11-Aug-1993, Independent 24-Sep-1993 Statutes: Legal Aid Act 1988 34 Jurisdiction: England and Wales Citing: Appeal from – Regina v Lord Chancellor … Continue reading Regina v Lord Chancellor ex parte Law Society: CA 11 Aug 1993

Regina v Law Society, ex parte Curtin: CA 3 Dec 1993

The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name. Citations: Ind Summary 13-Dec-1993, Times 03-Dec-1993 Statutes: Courts and Legal Services Act 1990 79 Jurisdiction: England and Wales Legal Professions, Administrative Updated: 26 October 2022; Ref: scu.87134

Simms v Law Society: Admn 17 May 2005

Judges: Lord Justice Latham Citations: [2005] EWHC (Admin) 938 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Simms v Law Society Admn 17-Mar-2005 The appellant challenged being struck of the solicitors roll. Held: ‘The most serious finding of the Tribunal was, of course, that [Mr Simms] was dishonest. We agree with the Tribunal … Continue reading Simms v Law Society: Admn 17 May 2005

Adams v The Law Society of England and Wales and Others: QBD 17 Apr 2012

The claimant solicitor sought an extension of time for filing his proceedings seeking to challenge the way that the respondent had handled their intervention in his law practice. Judges: Foskett J Citations: [2012] EWHC 980 (QB) Links: Bailii Jurisdiction: England and Wales Legal Professions, Litigation Practice Updated: 07 October 2022; Ref: scu.452713

Quinn Direct Insurance Ltd v The Law Society of England and Wales: ChD 23 Oct 2009

The defendant had intervened in a solicitors’ firm insured by the claimants. The claimants sought access to files and accounting records so that it could defend insurance claims. The defendant denied access to files other than those on which claims had been made. Held: The claim failed. The claimant put two arguments.Q said they were … Continue reading Quinn Direct Insurance Ltd v The Law Society of England and Wales: ChD 23 Oct 2009

Regina v Law Society ex parte Ingman Foods Oy Ab: Admn 17 Jan 1997

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. Citations: [1997] EWHC Admin 26, [1997] 2 All ER 666 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – The Law Society v Sephton and Co and … Continue reading Regina v Law Society ex parte Ingman Foods Oy Ab: Admn 17 Jan 1997

Hilborne v The Law Society of Singapore: PC 7 Mar 1978

Singapore – disciplinary decision against lawyers can be regarded as a civil matter for the purpose of considering the jurisdiction of the appellate court Judges: Diplock, Fraser of Tullbelton, Russell of Killowen LL Citations: [1978] 1 WLR 841, [1978] UKPC 6, [1978] 2 All ER 757 Links: Bailii Commonwealth, Legal Professions Updated: 17 September 2022; … Continue reading Hilborne v The Law Society of Singapore: PC 7 Mar 1978

Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Law Society of England and Wales v Secretary of State for Justice and Another: QBD 26 Feb 2010

The Law Society said that the 2007 Act would involve the transfer of it employees working within the Legal Complaints Service to the new office for Legal Complaints and that the TUPE regulations would apply. Judges: Akenhead J Citations: [2010] EWHC 352 (QB), [2010] IRLR 407 Links: Bailii Statutes: Legal Services Act 2007, Transfer of … Continue reading Law Society of England and Wales v Secretary of State for Justice and Another: QBD 26 Feb 2010

Harry Lee Wee v The Law Society of Singapore: PC 3 Dec 1984

(Singapore) The principles of autrefois acquit applied to professional disciplinary proceedings. Lord Bridge said: ‘No one would dispute that the doctrine of autrefois convict and acquit is applicable to disciplinary proceedings under a statutory code by which any profession is governed.’ Judges: Lord Bridge Citations: [1984] UKPC 50, [1985] 1 WLR 362, [1984] UKPC 50 … Continue reading Harry Lee Wee v The Law Society of Singapore: PC 3 Dec 1984

Virdi v The Law Society: Admn 18 Feb 2009

The court dismissed the appeal of Mr Virdi from the findings and order of the Solicitors Disciplinary Tribunal finding him guilty of serious professional misconduct and suspending him from practice for a period of 3 years. The solicitor complained of the extent of the involvement of the clerk to the tribunal, an employee of the … Continue reading Virdi v The Law Society: Admn 18 Feb 2009

Law Society of England and Wales v Legal Services Commission: Admn 30 Sep 2010

The Law Societry challenged as unlawful the methods chosen by the respondent to implement a scheme for the competitive grant of new contracts for the provision of family law services. Held: The challenge succeeded. The respondent had discussed a scheme in consultation processes with the applicant but had thenm imposed alterations without sufficiently informing those … Continue reading Law Society of England and Wales v Legal Services Commission: Admn 30 Sep 2010

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

Haycocks v The Law Society: CA 17 Jun 2003

The solicitor had agreed a resolution of a complaint, but failed to implement it. The case was returned to the Law Society who imposed a andpound;5,000 penalty. He complained that the OSS had no jurisdiction to entertain the renewed complaint because it related to conduct occurring after the termination of his retainer, and that the … Continue reading Haycocks v The Law Society: CA 17 Jun 2003

Haycocks v The Law Society (Costs): CA 17 Jun 2003

Citations: [2003] EWCA Civ 908 Links: Bailii Jurisdiction: England and Wales Citing: Main Judgment – Haycocks v The Law Society CA 17-Jun-2003 The solicitor had agreed a resolution of a complaint, but failed to implement it. The case was returned to the Law Society who imposed a andpound;5,000 penalty. He complained that the OSS had … Continue reading Haycocks v The Law Society (Costs): CA 17 Jun 2003

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

Wilson Smith v The Law Society: ChD 21 Feb 2000

The court was considering a case where proceedings under paragraph 6(5) to terminate an intervention had been brought at a time when the solicitor against whose practice the intervention had been made was being proceeded against by the SDT on charges of dishonesty. Held: ‘if Mr Wilson Smith is not found guilty, then the outcome … Continue reading Wilson Smith v The Law Society: ChD 21 Feb 2000

Briggs,Awoloye-Kio v The Law Society: QBD 19 Jul 2005

Judges: Mr Justice Henriques Mr Justice Simon Lady Justice Smith Citations: [2005] EWHC 1830 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – 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. … Continue reading Briggs,Awoloye-Kio v The Law Society: QBD 19 Jul 2005

Parry-Jones v The Law Society: CA 1969

The Society had, for regulatory purposes, exercised a power under the 1957 Act to call upon the plaintiff, a solicitor, to produce for inspection accounts and other information relating to the conduct of his clients’ affairs. He sought an injunction restraining the Law Society from requiring him to produce documents that were subject to legal … Continue reading Parry-Jones v The Law Society: CA 1969

Aurangzeb, Regina (on the Application of) v the Law Society of England and Wales: Admn 7 May 2003

The claimant sought judicial review of decisions of the Law Society as to his alleged practise as a solicitor in breach of conditions previously imposed, and of failure to notify the Society of his bankruptcy. Held: The request failed. The allegations were to be tested before the Tribunal, and there was no procedural unfairness which … Continue reading Aurangzeb, Regina (on the Application of) v the Law Society of England and Wales: Admn 7 May 2003

Hayes v The Law Society: Admn 12 May 2004

Appeal under section 49 of the Solicitors Act 1974 from the refusal of the Solicitors’ Disciplinary Tribunal to make an order for costs in his favour against the Law Society following the dismissal by them of two allegations of conduct unbefitting a solicitor. Those allegations were (i) that he included charges and disbursements in bills … Continue reading Hayes v The Law Society: Admn 12 May 2004

Law Society v Salsbury: CA 25 Nov 2008

The Society appealed against an order quashing the striking-off of the solicitor. Held: Bolton was still the leading case though the solicitor must be given an opportunity for a fair trial. Though it was not necessary to show a very strong case before overturning a decision of a professional tribunal, the court must give it … Continue reading Law Society v Salsbury: CA 25 Nov 2008

Law Society of England and Wales v Isaac and Isaac International Holdings Ltd and Others: ChD 7 Jul 2010

Judges: Norris J Citations: [2010] EWHC 1670 (Ch), [2010] NPC 77, [2011] WTLR 425 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Royal Brunei Airlines SDN BHD v Tan PC 24-May-1995 (Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust … Continue reading Law Society of England and Wales v Isaac and Isaac International Holdings Ltd and Others: ChD 7 Jul 2010

Darby and Another v The Law Society of England and Wales: EAT 14 Aug 2008

EAT UNFAIR DISMISSAL: Dismissal/ambiguous resignation Issue as to whether employees were ‘dismissed’. The employer resolved to remove the employees’ contractual entitlement to company-cars. Attempts to achieve consensual variation of the contracts to that effect were followed by letters referring to termination of employment and re-engagement. The employees then signed new terms without the previous company-car … Continue reading Darby and Another v The Law Society of England and Wales: EAT 14 Aug 2008

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

Sritharan v Law Society: ChD 2004

The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination. Citations: [2004] EWHC 2932 (Ch Statutes: Solicitors Act 1974 Jurisdiction: England and Wales Cited by: Appeal from – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice … Continue reading Sritharan v Law Society: ChD 2004

Preedy and Okoronkwo v Law Society: ChD 2004

The Society had intervened in the Solicitor’s practice. The solicitor had made no attempt to comply with the Accounts rules at all, and there was not even a separate client bank account. Citations: [2004] EWHC 2709 (Ch) Jurisdiction: England and Wales Cited by: Cited – Sheikh v The Law Society ChD 1-Jul-2005 The claimant challenged … Continue reading Preedy and Okoronkwo v Law Society: ChD 2004

Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007

The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now appealed against a finding to the contrary, saying that, per Osmani, to … Continue reading Waltham Forest v Maloba, The Law Society: CA 4 Dec 2007

Kelly, Regina (on the Application of) v Warley Magistrates Court and The Law Society: Admn 31 Jul 2007

Judges: Laws LJ, Mitting J Citations: [2007] EWHC 1836 (Admin), [2008] Crim LR 643, (2007) 171 JP 585, [2008] 1 Cr App R 14, [2008] 1 WLR 2001, [2008] Lloyd’s Rep FC 37 Links: Bailii Jurisdiction: England and Wales Citing: Cited – In re Grosvenor Hotel, London (No 2) CA 1964 Lord Denning MR said … Continue reading Kelly, Regina (on the Application of) v Warley Magistrates Court and The Law Society: Admn 31 Jul 2007

Baxendale-Walker v Law Society: CA 15 Mar 2007

The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue. Held: There were no grounds for disturbing the finding: ‘The reference was sought by a bank, in the context of money laundering regulations directed at … Continue reading Baxendale-Walker v Law Society: CA 15 Mar 2007

Holder v The Law Society: CA 24 Jan 2003

The solicitor had sought an order to have set aside the Society’s intervention in his legal practice. His claim had been dismissed after considerable delay, but re-instated on appeal. The Society now appealed against the re-instatement. There had been default’s on his client account. Held: The Society’s appeal succeeded. Judges: Aldous, Carnwath LJJ, Sir Christopher … Continue reading Holder v The Law Society: CA 24 Jan 2003

Sheikh v The Law Society of England and Wales: CA 23 Nov 2006

The solicitor had asked the court to set aside the intervention in her practice by the Society. The Society appealed an order that the notices be withdrawn. Held: The court in making its order had not given proper weight to the history of complaints against the solicitor, and had made the order despite finding that … Continue reading Sheikh v The Law Society of England and Wales: CA 23 Nov 2006