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Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003

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

Solicitors Regulation Authority v Wingate and Another: Admn 21 Dec 2016

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 [2016] 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

BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

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

Davies v Taylor: HL 1974

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

Solicitors Regulation Authority v Dennison: Admn 22 Feb 2011

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

Malik Law Chambers (Solicitors), Regina (on The Application of) v Legal Complaints Service (The Law Society): Admn 6 May 2010

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

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

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

Hazelhurst and Others v Solicitors Regulation Authority: Admn 11 Mar 2011

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

Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

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

Smith v Gale: ChD 1974

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 . .

W v L: CA 1974

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 . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Dooley v Law Society (2): ChD 23 Nov 2001

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

Regina v Law Society, ex parte Matthews: 17 Mar 1994

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

Ralph Hume Garry (a Firm) v Gwillim: CA 22 Oct 2002

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

Miller v Law Society: ChD 14 May 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

Withers Llp v Rybak and Others: ChD 9 May 2011

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

Westlaw Services Ltd and Another v Boddy: CA 30 Jul 2010

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

Bilkus v Stockler Brunton (A Firm): CA 16 Feb 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

Tim Martin Interiors Ltd v Akin Gump Llp: ChD 17 Nov 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

Bolton v The Law Society: CA 8 Dec 1993

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

Casson and Another v The Law Society: Admn 20 Oct 2009

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

Kris Motor Spares Ltd v Fox Williams Llp: QBD 12 May 2010

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

Quinn Direct Insurance Ltd v The Law Society of England and Wales: CA 14 Jul 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