Judges: The Honourable Mr Justice Murray Citations: [2022] EWHC 2882 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1) Jurisdiction: England and Wales Legal Professions Updated: 27 November 2022; Ref: scu.682831
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
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 Disciplinary Tribunal as of right, pursuant to section 49 of the Solicitors Act 1974. By section … Continue reading Levy v Solicitors Regulation Authority: Admn 25 Mar 2011
Citations: [2009] EWCA Civ 147 Links: Bailii Statutes: Solicitors Act 1974 Jurisdiction: England and Wales Legal Professions Updated: 23 July 2022; Ref: scu.317898
The putative owner of the paper title wrote to the defendant who occupied the relevant property in October 1974 as follows: ‘Since we wish to help you as much as possible we are prepared to allow you to remain in occupation of the house and garden rent free for as long as you may wish … Continue reading BP Properties Ltd v Buckler: CA 31 Jul 1987
(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, but was rather a regulatory one concerned with the risk posed by an individual to … Continue reading Jideofo v The Law Society; Evans v The Solicitors Regulation Authority: 31 Jul 2007
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 solicitor, subject to payment of reasonable costs for the task. Held: The appeal … Continue reading Hanley v J C and A Solicitors: QBD 28 Sep 2018
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger. Judges: Simon Brown, Judge, Buxton LJJ Citations: [1998] EWCA Civ 1359, [1998] CLY 975 Links: Bailii Statutes: Health and Safety at Work Act 19745 Jurisdiction: England and Wales Cited by: Cited … Continue reading Armstrong and others v British Coal Corporation (2): CA 31 Jul 1998
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 contracting party seeking specific performance may waive a condition on the ground that it is … Continue reading Heron Garage Properties Ltd v Moss: 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
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 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: . .
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
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
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
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was ambiguous. No order for damages could be made, however where it was … Continue reading Rogers and Another v Freeguard and Another: CA 19 Oct 1998
Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay … Continue reading General of Berne Insurance Company v Jardine Reinsurance Management Limited: CA 12 Feb 1998
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The parties had concluded a contract for the sale of land and a business. The court considered a purported waiver of a non-compete clause, saying: ‘if there is any doubt whether [the provisions of the contract in issue] are binding upon the vendors, and the purchaser waives them, what have the vendors to complain of?’ … Continue reading Hawksley v Outram: CA 1892
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise. Held: After Carey it was not to be argued that the bank was under a duty to provide the original signed agreement or … Continue reading Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
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
Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019
The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance. Held: the claims of each group of investors arise from acts or omissions in a series of related transactions. The transactions fitted together in that they shared the common underlying objective of the … Continue reading AIG Europe Ltd v Woodman and Others: SC 22 Mar 2017
Judges: Sir Andrew Morritt Ch, Smith, Aikens LJJ Citations: [2009] EWCA Civ 156 Links: Bailii Statutes: Solicitors Act 1974 22 Jurisdiction: England and Wales Citing: Approved – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000 The parties disputed the construction of a clause in the contract between them. Held: Chadwick LJ said: ‘It … Continue reading Lediaev v Vallen: CA 5 Mar 2009
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
A company which had gone from voluntary winding up, first to winding up under supervision and then to compulsory winding up, with the official receiver as liquidator. The company’s former managing director was suspected of fraud, but the law officers declined to prosecute. Some of the shareholders wished to prosecute him, mainly at the expense … Continue reading In re London and Globe Finance Corporation Ltd: ChD 1903
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995
The defendant sought to set aside an order for possession under a mortgage. Held: Where a case was strong enough on its face in terms of conduct and terms, unconscionable conduct could be inferred if there was no explanation offered to displace that inference. Judges: Ward LJ, Millett LJ Citations: [2000] Lloyd’s LR 19, [2000] … Continue reading Portman Building Society v Dusangh and Others: CA 19 Apr 2000
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings. Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial relief aspect. For property to have been ‘recovered or transferred’ for this purpose, its ownership … Continue reading Hanlon v The Law Society: HL 1981
Mr Ofusehene was a solicitor whose conduct had been referred to the Solicitors Disciplinary Tribunal, but the Tribunal then declined jurisdiction on the basis that the conduct complained of arose prior to his admission as a solicitor. Held: Where the Law Society had not become aware of an appellant’s convictions before becoming a solicitor, it … Continue reading In Re A Solicitor (Ofosuhene): CA 21 Feb 1997
CourtService This was an appeal against the decision of a Costs Judge given on 31 August 2000 on a preliminary issue raised in the course of a detailed assessment of the Claimant Solicitors’ bills delivered to the Defendants. The background to the matter is that the Claimant firm had been endeavouring to recover outstanding legal … Continue reading Dibb and Clegg (A Firm) v Recover Ltd and Others: SCCO 12 Oct 2001
A party appealed against a finding that an agreement as to fee sharing with a solicitors’ firm, being in breach of the Solicitors Practice Rules, was unenforceable and void. Held: The appeal failed as to illegality, but succeeded on a quantum meruit. Bingham LJ summarised the arguments of the plaintiff: ‘(1) In the absence of … Continue reading Mohammed v Alaga and Co (A Firm): CA 30 Jun 1999
The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at the time of the settlement. It had however known something of the deceit, and the … Continue reading Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016
Law Society Council has authority to pass resolution on client’s funds held in Society. Citations: Ind Summary 04-Sep-1995 Statutes: Solicitors Act 1974 Sch 1 Para 6 Jurisdiction: England and Wales Legal Professions Updated: 31 March 2022; Ref: scu.85702
The Law Society intervened in the practice of the claimant solicitor under the powers conferred on them by Section 35 of and Schedule 1(2) to the Solicitors Act 1974 on the ground specified in paragraph 1(1)(a) of the Schedule, namely suspected dishonesty. They appointed a solicitor (Mr H) to take control of the practice, and … Continue reading Pine v the Law Society: SCCO 20 Feb 2002
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded. Held: She was entitled to repayment of the legal costs paid by her … Continue reading Heywood v Wellers: CA 1976
The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the claims were based on privileged evidence given to a parliamentary committee, and associated publications, and the … Continue reading Makudi v Baron Triesman of Tottenham In London Borough of Haringey: QBD 1 Feb 2013
Rebalancing of Enhanced Disclosure Requirements The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private life. The enhanced record revealed that the claimant’s son … Continue reading L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The plaintiff had contracted to purchase a house for 6,000 pounds but the defendant failed to complete. Damages were awarded in lieu of specific performance under a Lord Cairns’ Act provision. At the date of the repudiatory breach the value of the house was 7,500 pounds. At the date of the order the value of … Continue reading Wroth v Tyler: ChD 1973
Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995
Lost chance claim – not mere speculative claim Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was a real and not a merely speculative chance that … Continue reading Allied Maples Group Ltd v Simmons and Simmons: CA 12 May 1995
Swainland Builders Ltd owned the freehold of a block of flats. It had granted 99-year leases at ground rents of all the flats except numbers 11 and 18. It had intended to sell the block subject to the retention of flats 11 and 18 which it initially proposed to let on shorthold tenancies but with … Continue reading Swainland Builders Ltd v Freehold Properties Ltd: CA 2002
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
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
The bankrupt appealed against an order in bankruptcy made against her on application by her former solicitors in respect of their unpaid costs. The bankrupt said that since the bill was yet untaxed, it might be altered and could not base a statutory demand. Held: The bankrupt’s appeal was allowed. A claim for solicitors’ fees … Continue reading Truex v Toll: ChD 6 Mar 2009
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a whistle and threw about leaflets. He was protesting about South … Continue reading Brutus v Cozens: HL 19 Jul 1972
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
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979
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
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″
This is an incomplete list of the senior judicial appointment holders for England and Wales. See also more generally: http://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-in-detail http://www.supremecourt.gov.uk/about/biographies-of-the-justices.html http://en.wikipedia.org/wiki/Lord_Chief_Justice_of_England_and_Wales#Lord_Chief_Justices_of_England_.28later_England_and_Wales29.2C_1875.E2.80.93present http://en.wikipedia.org/wiki/President_of_the_Family_Division https://en.wikipedia.org/wiki/Senior_President_of_Tribunals
The English legal system has been producing law reports since time immemorial, and the Scots for even longer. These pages are full of codes making reference to such series, with their wonderful array of abbreviations. You cannot enquire about the law without beginning at least to understand and use them. Here is a brief, but … Continue reading Reports