Search Results for: Solicitors

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Holt v Holley and Steer Solicitors (A Firm): CA 7 Jul 2020

The claimant wished to claim professional negligence against the defendants her former solicitors, saying that they had failed to have items of jewelry professionally valued on her divorce. She now appealed from an order striking out the claim as time barred. Judges: Lord Justice McCombe Citations: [2020] EWCA Civ 851 Links: Bailii Statutes: Limitation Act … Continue reading Holt v Holley and Steer Solicitors (A Firm): CA 7 Jul 2020

Prosser v Castle Sanderson Solicitors (a Firm), Geoffrey Martin and Co (A Firm): CA 31 Jul 2002

The claimant sought damages from the respondent solicitors and insolvency practitioners for professional negligence. He had substantial business interests, but fell into financial difficulties, and sought assistance from the defendants. He failed to assist in the preparation of accounts. In a brief meeting during an adjournment of his creditors’ meeting, when he sought an IVA, … Continue reading Prosser v Castle Sanderson Solicitors (a Firm), Geoffrey Martin and Co (A Firm): CA 31 Jul 2002

Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003

The applicant had been made subject of an order preventing his employment as a clerk by any firm of solicitors. A costs order accompanied that order. The order was later the subject of a default costs certificate. He sought to appeal that certificate. Held: The correct and only way to challenge such an order was … Continue reading Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003

Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009

The court considered the application of the limitation period to answering when damage occurred when it arises under an unsecured contingent liability. The claimant insurance company had provided after the event litigation insurance policies to the solicitors and their clients, relying on assessments of the cases made by the defendants. The court below had held … Continue reading Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009

In re Taxation of Costs In re Solicitors: 1943

Citations: [1943] KB 69 Jurisdiction: England and Wales Cited by: Cited – Penningtons (a Firm) v Brown CA 30-Apr-1998 The claim concerned the plaintiffs claim for costs having represented the defendant successfully. They delivered a bill which detailed disbursements, and gave a 14 line narrative, but no other detail. The defendant requested more detail, being … Continue reading In re Taxation of Costs In re Solicitors: 1943

Dobbie v Felton (T/A Feltons Solicitors) (Whistleblowing, Protected Disclosures): EAT 11 Feb 2021

The Tribunal held that two disclosures of information, that were otherwise qualifying disclosures, were not in the reasonable belief of the Claimant made in the public interest. The reasons of the Tribunal did not demonstrate that it applied the correct legal test, and had taken into account all relevant factors, in determining this issue. The … Continue reading Dobbie v Felton (T/A Feltons Solicitors) (Whistleblowing, Protected Disclosures): EAT 11 Feb 2021

Chitolie and Another v Henmans Solicitors and others: CA 31 Oct 2001

The second claimant had begun proceedings. She was subject to a Grepe v Loam order, but had not obtained consent. The first plaintiff had joined in the action despite having no interest and making no claim. Appeal against strike out refused. Citations: [2001] EWCA Civ 1674 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: … Continue reading Chitolie and Another v Henmans Solicitors and others: CA 31 Oct 2001

In the matter of a Firm of Solicitors: ComC 18 Oct 1999

Solicitors instructed to act for ex member of P and I Club in dispute with Club over unpaid calls – Solicitors also acting for Club’s Managers E and O Underwriters in another dispute – Chinese wall held to effective – Bolkiah v KPMG applied. Judges: Timothy Walker J Citations: [2000] 1 Lloyd’s Rep. 31 Jurisdiction: … Continue reading In the matter of a Firm of Solicitors: ComC 18 Oct 1999

Mincoff Science and Gold (Now Known As ‘Mincoffs Solicitors’) v Ganatra: CA 8 Mar 2001

The claimant sought leave to appeal out of time, and for a further adjournment for his poor health. Held: The application was in principle wrong, and the intended appeal was without merit. Leave refused. Citations: [2001] EWCA Civ 373 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 18 November 2022; Ref: scu.200913

Ranu v Diamond Solicitors Llp (Jurisdictional Points : Worker, Employee or Neither): EAT 31 Oct 2012

EAT JURISDICTIONAL POINTS – Worker, employee or neitherThe Employment Judge correctly decided the Claimant solicitor was not an employee of the firm, albeit a worker in it. Judges: McMuen QC J Citations: [2012] UKEAT 0537 – 11 – 3110 Links: Bailii Jurisdiction: England and Wales Employment Updated: 17 November 2022; Ref: scu.473026

Srinivasans Solicitors, Regina (on The Application of) v Croydon County Court and Another: CA 19 Feb 2013

The solicitors had succeeded in their request for judicial review of a decision made by the respondent county court, but now appealed against a refusal of the award of its costs. The judge had found that the proceedings had not been entirely successful. Held: This was a case in which the judge was justified in … Continue reading Srinivasans Solicitors, Regina (on The Application of) v Croydon County Court and Another: CA 19 Feb 2013

Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013

Judges: Sir Terence Etherton Ch, Rix, Lewison LJJ Citations: [2013] EWCA Civ 149 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He … Continue reading Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013

Onyango v Berkeley (T/A Berkeley Solicitors): EAT 25 Jan 2013

EAT VICTIMISATION DISCRIMINATION – Protected disclosureWhether Claimant may rely on post-termination protected disclosure in ‘whistleblowing’ claim under s.47B Employment Rights Act 1996. He can. Appeal allowed against Employment Tribunal Judgment to the contrary. Judges: Peter Clark J Citations: [2013] UKEAT 0407 – 12 – 2501 Links: Bailii Statutes: Employment Rights Act 1996 47B Jurisdiction: England … Continue reading Onyango v Berkeley (T/A Berkeley Solicitors): EAT 25 Jan 2013

Mohammed (T/A Mohammed and Co Solicitors) v Jackson: EAT 18 Dec 2012

EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularityThe Employment Tribunal failed to make the appropriate findings of fact and explain its reasoning as to why it found the Respondent had failed to process the medical assessment – delayed it – to enable her return to work: Meek v Birmingham City Council [1987] IRLR … Continue reading Mohammed (T/A Mohammed and Co Solicitors) v Jackson: EAT 18 Dec 2012

Holloway v Solicitors Regulation Authority: Admn 2 Nov 2012

The solicitor appealed against a finding that he had behaved in a way likely to diminish the trust in the legal profession in the conduct of a conveyancing transaction when he had failed to see the signs of fraudulent activity. Held: The appeal failed. The failure to keep appropriate attendance notes itself showed a failure … Continue reading Holloway v Solicitors Regulation Authority: Admn 2 Nov 2012

AIB Group (UK) Plc v Mark Redler and Co Solicitors: CA 8 Feb 2013

The defendant firm of solicitors had acted for the claimants under instructions to secure a first charge over the secured property. They failed to secure the discharge of the existing first charge, causing losses. AIB asserted breach of trust. Held: The bank’s appeal failed. However, the judge was wrong to treat the breach of trust … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: CA 8 Feb 2013

Hughmans Solicitors v Central Stream Services Ltd and Another: CA 20 Dec 2012

The court was asked whether a contract compromising legal proceedings created a proprietary interest in property owned by the defendant in the proceedings and, if so, whether it took priority over a later charging order over the property. Notice of the charging order, but not the contract, was entered against the registered title to the … Continue reading Hughmans Solicitors v Central Stream Services Ltd and Another: CA 20 Dec 2012

Davisons Solicitors (A Firm) v Nationwide Building Society: CA 12 Dec 2012

Citations: [2012] EWCA Civ 1626, [2013] PNLR 188 Links: Bailii Statutes: Trustee Act 1925 61 Jurisdiction: England and Wales Cited by: Cited – Schubert Murphy (A Firm) v The Law Society QBD 17-Dec-2014 The claimant solicitors’ firm had acted in a purchase, but the vendors were represented by fraudsters presenting themselves as solicitors, registering with … Continue reading Davisons Solicitors (A Firm) v Nationwide Building Society: CA 12 Dec 2012

Mortgage Agency Services Number Four Ltd v Alomo Solicitors (a firm): Merc 25 Oct 2011

(Birmingham Mercantile Court) The claimant lender alleged tortious involvement by the defendant firm of solicitors in a mortgage frauds committed by their clients. Judges: Simon Brown QC J Citations: [2011] EWHC B22 (Mercantile) Links: Bailii Jurisdiction: England and Wales Legal Professions, Torts – Other Updated: 11 November 2022; Ref: scu.449895

B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister: CA 4 Nov 1997

The defendants sought to have struck out the claimant’s notice of appeal. Held: The appeal had no prospects of success, and the court exercised its power to strike out the notice. Citations: [1997] EWCA Civ 2629 Jurisdiction: England and Wales Citing: Applied – Burgess v Stafford Hotel Ltd CA 1990 The court considered an application … Continue reading B M Samuels Group Limited and Nelsons Solicitors (a Firm) v McAllister: CA 4 Nov 1997

Gowmans Solicitors v Lightowler: CA 7 Oct 1997

The applicant’s mother had died leaving him a life interest under her will. He had moved into property which had been hers, but without permission. In 1986 he had been ordered to leave. The judge had asked the solicitors administering the estate not to evict the applicant whilst his wife was nearby in a mental … Continue reading Gowmans Solicitors v Lightowler: CA 7 Oct 1997

Wilsons Solicitors Llp v Revenue and Customs (Procedure : Other): FTTTx 22 Oct 2018

INFORMATION NOTICE UNDER FA 2011 TO RELEVANT DATA HOLDER -whether solicitors’ partnership a relevant data holder because of obligations under the money laundering regulations to keep records – no – whether such records are relevant data – no – appeal allowed Citations: [2018] UKFTT 627 (TC) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: … Continue reading Wilsons Solicitors Llp v Revenue and Customs (Procedure : Other): FTTTx 22 Oct 2018

Dixon v Clement Jones Solicitors (A Firm): CA 8 Jul 2004

The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway. Held: The court had to bear in mind the distinction between the loss of chance directly through the … Continue reading Dixon v Clement Jones Solicitors (A Firm): CA 8 Jul 2004

Bass and Another v Solicitors Regulation Authority: Admn 18 Jul 2012

The appellants challenged the decision of the Solicitors Disciplinary Tribunal finding them in breach of the 1998 Rules in that they had failed to prevent a former partner making unauthorised, if small, withdrawals of residual balances from client account. No dishonesty had been suggested. Held: The tribunal had been wrong to treat the matter as … Continue reading Bass and Another v Solicitors Regulation Authority: Admn 18 Jul 2012

Hetherington and Another v Solicitors Regulation Authority Ltd: Admn 31 Oct 2022

Appeal, pursuant to section 49 of the Solicitors Act 1974 against the order of the Solicitors Disciplinary Tribunal that they be struck off the Roll of Solicitors, and required to pay costs in the sum of pounds 98,000. Judges: Mrs Justice Lang DBE Citations: [2022] EWHC 2722 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49 … Continue reading Hetherington and Another v Solicitors Regulation Authority Ltd: Admn 31 Oct 2022

Ansham White Solicitors v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 10 Jun 2019

Income tax – Schedule 55 Finance Act 2009 – fixed and daily penalties for failure to file partnership return on time – nominated partner unable to obtain consent of her partner to accounts and return – partner abroad receiving treatment for serious illness – whether reasonable excuse – yes – appeal allowed Citations: [2019] UKFTT … Continue reading Ansham White Solicitors v Revenue and Customs (Income Tax/Corporation Tax : Penalty): FTTTx 10 Jun 2019

Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her absences had been ‘dependants leave’. Held: When considering such a claim, the tribunal … Continue reading Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

Bilkus and Boyle Solicitors v Revenue and Customs: FTTTx 3 Oct 2018

Procedure – appeal struck out for failure to comply with an Unless Order – application to reinstate appeal out of time – whether extension of time – Rule 5(3) of the Tribunal Rules 2009 – use of judicial discretion – Martland followed – Pierhead considered – principle of legal certainty – application refused Citations: [2018] … Continue reading Bilkus and Boyle Solicitors v Revenue and Customs: FTTTx 3 Oct 2018

Williams v Attridge Solicitors (a Firm): CA 8 Jul 1997

The solicitor-defendants were seeking to prove a negative and to show at the very outset of the proceedings that the claim should be struck out without the need for any further inquiry. The court considered the admission of new evidence on an appeal against a summary strike out. Held: The Ladd v Marshall criteria need … Continue reading Williams v Attridge Solicitors (a Firm): CA 8 Jul 1997

Duncan Lewis Solicitors Ltd v Puar: EAT 19 Nov 2019

Practice and Procedure – Striking-Out/Dismissal The Claimant’s claims were automatically struck out for breach of an ‘unless’ order by failure to serve further particulars of her claims. The Claimant applied under ET Rule 38(2) to set aside the strike-out order. The ET granted the application. The Respondent appealed the decision on various grounds. The EAT … Continue reading Duncan Lewis Solicitors Ltd v Puar: EAT 19 Nov 2019

Godfrey Morgan Solicitors Ltd v Marzan and Others: EAT 15 Feb 2012

EAT PRACTICE AND PROCEDURE Costs Appearance/response The first appeal related to a claim by Miss Marzan that she had not been paid a month’s wages due in respect of her notice period. It was initially brought against ‘Godfrey Morgan Solicitors t/a GMS Law’. There was a solicitors’ firm, Godfrey Morgan Solicitors (of which Godfrey Morgan … Continue reading Godfrey Morgan Solicitors Ltd v Marzan and Others: EAT 15 Feb 2012

Godfrey Morgan Solicitors Ltd v Marzon and Another: EAT 15 Feb 2012

EAT PRACTICE AND PROCEDURE Costs Appearance/response The first appeal related to a claim by Miss Marzan that she had not been paid a month’s wages due in respect of her notice period. It was initially brought against ‘Godfrey Morgan Solicitors t/a GMS Law’. There was a solicitors’ firm, Godfrey Morgan Solicitors (of which Godfrey Morgan … Continue reading Godfrey Morgan Solicitors Ltd v Marzon and Another: EAT 15 Feb 2012

In Re A Solicitors (Wasted Costs Order) (No 1 of 1994): CACD 27 Jun 1995

A witness answering and resisting a summons is a sufficient party for ‘wasted costs’ order purposes. Citations: Times 27-Jun-1995, Gazette 19-Jul-1995 Statutes: Courts and Legal Services Act 1990 111, Costs in Criminal Cases (General) (Amendment) Regulations 1991 (1991 No 789) Jurisdiction: England and Wales Legal Professions, Costs Updated: 08 October 2022; Ref: scu.81682