Search Results for: Solicitors Act 1974 56

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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

Acts

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Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003

Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003

Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

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 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

Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017

Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

Lediaev v Vallen: CA 5 Mar 2009

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

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005

The taxpayer had been represented in proceedings throughout by tax law experts, Tenon Media, who were not legally admitted, but had a right to conduct litigation under the 1990 Act. The Inspector objected to paying costs as if the representatives were admitted. Held: Someone acting through the licensed access schemes was not a litigant in … Continue reading Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005

Hanlon v The Law Society: HL 1981

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

Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

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

Addleshaw Goddard Llp v Wood and Another: SCCO 8 Apr 2015

The issues addressed in this reserved judgment are the following:- i) Is the Claimant (‘AG’) entitled to an order for a payment by the Defendants (‘the Administrators’) in the sum of pounds 12,663,822.95 for fees earned under a Contentious Business Agreement (‘CBA’) dated 26 October 2010? ii) Is AG entitled to a declaration under Section … Continue reading Addleshaw Goddard Llp v Wood and Another: SCCO 8 Apr 2015

Radford and Another v Frade and Others: QBD 8 Jul 2016

The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of re-hearing; the question was whether the rulings had been … Continue reading Radford and Another v Frade and Others: QBD 8 Jul 2016

L, Regina (On the Application of) v Commissioner of Police of the Metropolis: SC 29 Oct 2009

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

Vadim Schmidt v Rosewood Trust Limited: PC 27 Mar 2003

PC (Isle of Man) The petitioner sought disclosure of trust documents, as a beneficiary. Disclosure had been refused as he had not been a named beneficiary. Held: Times had moved on, and trust documents had taken more and more indirect ways of conferring benefits. The settlements were badly drafted, but that should not be used … Continue reading Vadim Schmidt v Rosewood Trust Limited: PC 27 Mar 2003

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

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

AIG Europe Ltd v OC320301 Llp and Others: CA 14 Apr 2016

‘This appeal turns on the true construction of an aggregation clause contained in an insurance policy applicable to all solicitors’ indemnity policies pursuant to the requirement in the Solicitors’ Act 1974 for compulsory liability insurance for solicitors and the Minimum Terms and Conditions (‘MTC’) required to be incorporated into such polices.’ Held: Teare J went … Continue reading AIG Europe Ltd v OC320301 Llp and Others: CA 14 Apr 2016

Swainland Builders Ltd v Freehold Properties Ltd: CA 2002

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

Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

The appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996

In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995

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

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 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

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″

Reports

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