EWHC Admin 987 England and Wales Legal Professions Updated: 07 January 2022; Ref: scu.139108
The trainee appealed against the decision of the Law Society to cancel his student membership on the basis that he was not a fit and proper person to become a solicitor. He had been convicted of criminal damage, but had not notified the Law Society . .
Appeal by the claimant solicitor against a decision of the respondent disciplining him Whipple J  EWHC 1821 (Admin) Bailii Solicitors Act 1974 13A(6) England and Wales Legal Professions Updated: 20 January 2022; Ref: scu.567287
The claimant challenged a finding of the Solicitors’ Disciplinary Tribunal. Sharp LJ, Holdroyde J  EWHC 1256 (Admin) Bailii Solicitors Act 1974 49 England and Wales Legal Professions Updated: 17 January 2022; Ref: scu.564907
Arden, Sales LJJ, Sir Bernard Rix  EWCA Civ 1168 Bailii Solicitors Act 1974 70(9) England and Wales Costs Updated: 06 January 2022; Ref: scu.554788
Appeal by solicitor against order striking his name from the roll. Edis J  EWHC 872 (Admin) Bailii Solicitors Act 1974 49 England and Wales Legal Professions Updated: 29 December 2021; Ref: scu.544914
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003
The SRA alleged that the Solicitors Disciplinary Tribunal had erred in not finding proven some of the serious allegations against the defendant solicitors proven. Held: Some of the appeals succeeded. Holman J  EWHC 3455 (Admin) Bailii Solicitors Act 1974 England and Wales Cited by: See Also – Solicitors Regulation Authority v Wingate and Another … Continue reading Solicitors Regulation Authority v Wingate and Another: Admn 21 Dec 2016
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose from risks which it was no part of … Continue reading BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017
Master Leonard  EWHC 90222 (Costs) Bailii Solicitors Act 1974 70 England and Wales Costs Updated: 11 December 2021; Ref: scu.516377
Appeals against findings of professional misconduct. Popplewell J  EWHC 179 (Admin) Bailii Solicitors Act 1974 England and Wales Legal Professions Updated: 29 November 2021; Ref: scu.521075
Assessment between solicitor and client, ordered under Section 70 of the Solicitors Act 1974. Master Leonard  EWHC 90219 (Costs) Bailii Solicitors Act 1974 70 England and Wales Costs Updated: 21 November 2021; Ref: scu.516374
Lady Justice Simler and Mr Justice Picken  EWHC 3525 (Admin) Bailii Solicitors Act 1974 England and Wales Legal Professions Updated: 20 November 2021; Ref: scu.657351
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to effect reconciliation with her but she refused. Shortly before his death, he had instructed his … Continue reading Davies v Taylor: HL 1974
The Authority appealed against the sentence imposed on the respondent by the Soicitoirs Discipinary Tribunal. He had been found to have taken undisclosed referral fees in personal injury litigation giving rise to conflicts of interest and to have been dishonest in part. He had been fined. The SRA said this was unduly lenient. Held: The … Continue reading Solicitors Regulation Authority v Dennison: Admn 22 Feb 2011
The solicitor objected to the orders made on a complaint by a client. The complaint had been investigated and satisfied, and the file closed. The interested party had it re-opened and pointed to losses. The adjudicator found the solicitor in breach in having exercised a lien over papers including passports to secure payment of the … Continue reading Malik Law Chambers (Solicitors), Regina (on The Application of) v Legal Complaints Service (The Law Society): Admn 6 May 2010
Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975
The claimants appealed against disciplinary orders. A member of staff had stolen substantial sums from client account. They had admitted breaches of the Accounts and Practice rules, but personally made good all losses. They said that the Solicitors Discliplinary Tribunal had failed to give adequate reasons for its decisions. Held: The appeal succeeded: ‘the SDT … Continue reading Hazelhurst and Others v Solicitors Regulation Authority: Admn 11 Mar 2011
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
The solicitor appealed against findings and orders regarding allegations of having failed to disclose to clients referral fees paid by him to third parties, and of having given misleading fees information.
Held: The appellant had admitted . .
The claimants challenged revocation of their student membership of the Law Society. The revocation had been made on the basis that they had declared work to be their own unaided work when they were said to have colluded on an assignment.
Held: . .
Three solicitors were in partnership. It was agreed that one would retire. He would take 10,000 pounds on retirement and his share of undrawn profits after an account had been taken. When the accountant certified the profits in line with previous . .
For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the . .
Three solicitors challenged decisions made by the respondent. . .
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court . .
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 . .
The landlord served notice in a form which contained two alternatives, but he failed to strike out one. He added a statement as to why he opposed a new tenancy.
Held: The notice was effective.
Templeman J said: ‘No one reading that notice . .
The solicitor appealed against an order of the Solicitors Disciplinary Tribunal.
Held: Cranston J summarised the legal principles that apply on an appeal under section 49 of the 1974 Act: ‘An appeal lies to this court from the Solicitors . .
Appeal brought against decisions of the Law Society that the appellant is not eligible under the Qualified Lawyers Transfer Regulations 1990 to sit the Qualified Lawyers Transfer Test so as to enable him to apply to be admitted to the Roll of . .
Appeal against the decision of the Appeals Committee of the Office of Supervision of Solicitors – limit on practice without approval . .
The court considered the disciplinary duties of the Law Society: ‘The object of the provision is disciplinary. It is to assist in maintaining the standards to be achieved by solicitors and to provide sanctions in terms of costs and payment if the . .
(Master of the Rolls) Each applicant challenged decisions not to allow them to become student members of the Law Society.
Held: The test for character and suitability was a necessarily high one; was one which was not concerned with punishment, . .
Appeal against the refusal of the Solicitors’ Disciplinary Tribunal to allow the claimant’s application to be restored to the Roll. . .
Appeal from the decision of the Appeals Committee of the Office for the Supervision of Solicitors imposing a condition on the Practising Certificate for the year 2000/2001, whereby he is required to practise in an approved partnership. . .
The claimants had obtained summary judgment on their claim for their fees for complex litigation. The defendants sought leave to appeal saying that the bill was not a final statute bill. . .
A family claimed damages for a disappointing holiday. The generous measure of damages given to the father was that the father was being fully compensated for his own mental distress, but the rule of privity of contract operated to bar the claim for . .
Appeal by Mr Tyrone Anthony Walker against a decision by the Appeals Committee to uphold the decision of the Office for the Supervision of Solicitors (‘OSS’) to approve, for the purposes of the condition imposed upon Mr Walker’s Practising . .
The claimant solicitor sought a judicial review, on the grounds of procedural unfairness, of the decisions of the respondent in upholding complaints against him. The procedure involved several stages, an investigatory stage, an adjudication, an . .
Whether the Court, under the inherent jurisdiction over its officers and/or s. 68 Solicitors Act 1974, has the power to order a solicitor to make and supply to his client (or former client) copies of documents which are the property of the . .
There was an error on the face of the certifcate of an accountant. The court looked at when it might go behind the certificate of an accountant on a question referred to him by agreement of the parties.
Held: In this case the error was . .
The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs.
Held: ‘In this case the solicitors, no doubt first instructed by the insurance company, . .
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’.
Held: The court considered the effect of European legislation on the law of . .
An employee had been employed by two partners and later by one of them.
Held: Mr Mansi could not bring himself within the provision because: ‘Where one of two partners leaves the partnership, there are no partners, but only a sole proprietor, . .
A contract for the sale of land was conditional on obtaining planning permission. It was not granted. The purchaser sought to enforce the contract.
Held: He failed. Brightman J said: ‘Without seeking to define the precise limits within which a . .
The Appellant employee had applied for leave to amend his first application by substituting the name of the parent company. The Tribunal held that the rules of procedure relating to time limits went to their jurisdiction and that the amended . .
Where it is intended that a contract should come into existence upon exchange of contract document parts executed by the various parties, it was necessary for the parts exchanged to be identical. The effective date when parties are bound is the date . .
A request to the court for the removal of a solicitor from the Roll was to be made via Counsel, and not by a litigant in person. . .
The claimant challenged an order striking her from the Roll for professional misconduct. . .
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Assessing the costs of the successful Claimant in an application for delivery of a final statute bill under the Solicitors Act 1974. . .
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 . .
Question about the scope of the statutory trust imposed by section 35 and Schedule 1, paragraph 6, of the Solicitors Act 1974 where the Law Society has intervened in the practice of a solicitor. . .
The respondent intervened in the claimant’s legal practice. He claimed a duty on the Law Society to administer his former practice in such a way as to maximize recovery of outstanding fees and disbursements. Held: The Law Society had no duty to pursue such matters. Its duties could be satisfied by allowing him supervised access … Continue reading Dooley v Law Society (2): ChD 23 Nov 2001
Roth J  EWHC 3389 (Ch),  WLR(D) 456,  1 Costs LO 1,  WLR 4621 Bailii, WLRD Solicitors Act 1974 70 England and Wales Costs Updated: 22 December 2021; Ref: scu.538033
The court considered the management of the statutory Solicitors Compensation Fund: ‘Given, however, what I have already said about the statutory purpose of the compensation fund, it seems to me that it is appropriate to say that the clearest case in which a grant will be made, pursuant to an application for compensation, will be … Continue reading Regina v Law Society, ex parte Matthews: 17 Mar 1994
The appellant sought to have struck out the claimant’s action to recover their costs having represented him. He said that the detail in the bill was so deficient as not to comply with the requirements of the Act. Held: Though the detail given in the bill was inadequate, it was permissible to make allowance for … Continue reading Ralph Hume Garry (a Firm) v Gwillim: CA 22 Oct 2002
The claimant sought damages from the respondent for breach of their private duty of care to him. They had intervened in his practice. He alleged that the investigating accountant had been negligent in his actions. Held: The Law Society owed the claimant no private duty of care. They acted in performing a statutory function, and … Continue reading Miller v Law Society: ChD 14 May 2002
Decision as to admissibility Lech Garlicki, P  ECHR 1018, 51144/07 Bailii European Convention on Human Rights, Solicitors Act 1974 Citing: See Also – Anal Sheikh v The United Kingdom ECHR 23-Apr-2010 . . Lists of cited by and citing cases may be incomplete. Human Rights, Legal Professions Updated: 27 November 2021; Ref: scu.518974
Appeal brought against a determination of the Solicitors Disciplinary Tribunal in relation to a complaint he had made against the two respondents who are solicitors. Anthony Thornton QC HHJ  EWHC 1349 (Admin) Bailii Solicitors Act 1974 England and Wales Legal Professions Updated: 18 November 2021; Ref: scu.514334
The claimant solicitors sought a declaration as to whether they had a right to assert a solicitor’s common law lien over sums in its client account. The defendant clients had asserted a security interest in the money and had assigned that interest, but the claimants said that substantial sums remained due to it in fees. … Continue reading Withers Llp v Rybak and Others: ChD 9 May 2011
The claimant said that it was due sums from the estate of the deceased solicitor. The executors said that the agreement was unlawful in that it had amounted to an agreement to share fees with an unauthorised body. Held: The agreement was unenforceaable and void. The SPR have the effect of subordinate legislation made pursuant … Continue reading Westlaw Services Ltd and Another v Boddy: CA 30 Jul 2010
Solicitors appealed against the rejection of their claim for an uplift in their fees amounting to andpound;50,000, based on the value element in the transaction in the 1994 Order. The court had to decide whether the matter came under the rules as a contentious or non-contentious matter. There had been a dispute as to the … Continue reading Bilkus v Stockler Brunton (A Firm): CA 16 Feb 2010
The company borrowed money from a bank, who instructed the defendants to act in the loan. On recovering the loan, the borrowers challenged the amounts charged by the solicitors. The court was asked what were the powers for a third party paying a solicitor’s bill to challenge the amount, and how any reduction might be … Continue reading Tim Martin Interiors Ltd v Akin Gump Llp: ChD 17 Nov 2010
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that the solicitor was honest and had not stolen client money ‘in a premeditated … Continue reading Bolton v The Law Society: CA 8 Dec 1993
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. Failure to comply may result in a complaint to the Solicitors Disciplinary … Continue reading Swain v The Law Society: HL 1983
Two solicitors had been made bankrupt and then discharged from bankruptcy. They suffered adjudications by the SDT awarding compensation for matters occurring before the bankruptcies. They appealed, saying that the awards were bankruptcy debts from which they were discharged. The Law Society submitted that the adjudicators’ awards were discretionary, that no debt or liability arose … Continue reading Casson and Another v The Law Society: Admn 20 Oct 2009
The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000. Held: The appeal failed. It had been reasonable to take out the ATE policy because of decisions made by the claimants … Continue reading Kris Motor Spares Ltd v Fox Williams Llp: QBD 12 May 2010
Q had provided professional indemnity insurance to a firm of solicitors in which the Law Society had intervened. Claims were made against the firm, but Q declined to pay, saying that the apparently fraudulent activities of the firm fell outside the terms of the policy. Q sought access to the firm’s files and accounting records. … Continue reading Quinn Direct Insurance Ltd v The Law Society of England and Wales: CA 14 Jul 2010