Citations:  EWHC Admin 145 Links: Bailii Legal Professions Updated: 28 May 2022; Ref: scu.139409
Citations:  EWHC Admin 1143 Links: Bailii Legal Professions Updated: 26 May 2022; Ref: scu.138088
Citations:  EWHC Admin 692 Links: Bailii Legal Professions Updated: 26 May 2022; Ref: scu.137637
Citations:  EWHC Admin 194 Links: Bailii Jury Updated: 25 May 2022; Ref: scu.136742
Citations:  EWHC Admin 199 Links: Bailii Jury Updated: 25 May 2022; Ref: scu.136747
Citations:  EWHC Admin 187 Links: Bailii Jury Updated: 25 May 2022; Ref: scu.136735
The applicants sought orders directing the respondent to withdraw its intervention in the solicitors practice of the first claimant. They had become concerned at the possibility that investment schemes managed by one partner were being being used for money laundering. Held: In view of matters since the commencement of the proceedings the court could not … Continue reading P S and others v Law Society: ChD 16 Jul 2004
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 damages by a person not party to the contract.Denning MR LJ said: … Continue reading Jackson v Horizon Holidays Ltd: CA 5 Feb 1974
Judges: Master Clark Citations:  EWHC 2 (Ch) Links: Bailii Statutes: Solicitors Act 1974 44B Jurisdiction: England and Wales Legal Professions Updated: 10 June 2022; Ref: scu.657049
The claimant had been employed by the respondents, partners in a former firm of solicitors. On the retirement of one partner, the practice was continued by the sole remaining partner, who claimed that the dissolution broke the continuity of the employment so as to defeat her application for unfair dismissal. Held: The dissolution of the … Continue reading Bower v Stevens and Another: CA 6 Apr 2004
CourtService The Claimant company, registered in the Isle of Man and acting throughout by their London agent Miss T, instructed the Defendant Solicitors in connection with proceedings brought against the Claimants by former tenants of property they owned in Clerkenwell. In total five bills were rendered by the Defendant to the Claimant, totalling andpound;7,425.61, including … Continue reading Argonaut Property Development Ltd v Collyer-Bristow (A Firm): SCCO 16 Oct 2001
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 appeal, and a further appeal to the Tribunal. The solicitor complained that the adjudicator had failed to follow up certain … Continue reading White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001
Citations:  EWCA Civ 68 Links: Bailii Statutes: Solicitors Act 1974 Jurisdiction: England and Wales Legal Professions Updated: 29 May 2022; Ref: scu.216695
Citations:  EWHC Admin 422 Links: Bailii Legal Professions Updated: 28 May 2022; Ref: scu.139686
Citations:  EWHC Admin 413 Links: Bailii Legal Professions Updated: 28 May 2022; Ref: scu.139677
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
Citations:  EWHC Admin 681 Links: Bailii Legal Professions Updated: 27 May 2022; Ref: scu.138802
Citations:  EWHC Admin 385 Links: Bailii Legal Professions Updated: 27 May 2022; Ref: scu.138506
Citations:  EWHC Admin 1133 Links: Bailii Legal Professions Updated: 26 May 2022; Ref: scu.138078
Citations:  EWHC Admin 583 Links: Bailii Legal Professions Updated: 26 May 2022; Ref: scu.137528
Citations:  EWHC Admin 118 Links: Bailii Legal Professions Updated: 25 May 2022; Ref: scu.137063
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
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 immaterial, but the court can in approriate circumstances look behind … Continue reading Frank H Wright (Contractors) Ltd v Frodoor Ltd: 1967
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, were the solicitors on the record as the solicitors for the respondent. They acted … Continue reading Davies v Taylor (No 2): HL 2 Jan 1974
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, after the change. Paragraph 9(5) does not cover the situation although perhaps it … Continue reading Harold Fielding Ltd v Mansi: NIRC 1974
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
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 application would be allowed but would bear the date of the amendment and would accordingly … Continue reading Cocking v Sandhurst (Stationers) Ltd: NIRC 1974
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
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. Citations: Times 06-May-1993, Independent 06-May-1993 Statutes: Solicitors Act 1974 50 51 Jurisdiction: England and Wales Litigation Practice, Legal Professions Updated: 29 April 2022; Ref: scu.82191
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
The Law Society may appeal against a decision of the disciplinary tribunal. Citations: Gazette 16-Sep-1992,  1 WLR 88 Statutes: Solicitors Act 1974 49(1)(a) Cited by: Cited – Taylor v The Law Society CA 1-Nov-2005 ‘the SDT should not give orders or directions to the Law Society. It should decide what, if any, conditions should … Continue reading Regina v Master of Rolls ex parte Mckinnell: QBD 16 Sep 1992
Client’s appeal from order for preparation of a final statute bill. Judges: His Honour Judge Gosnell ( Sitting as a Judge of the High Court) Citations:  EWHC 325 (QB) Links: Bailii Statutes: Solicitors Act 1974 68 Jurisdiction: England and Wales Legal Professions, Costs Updated: 09 April 2022; Ref: scu.672061
A transfer of funds to pay a solicitor’s bill with the client’s approval starts the 12 months period for challenging it. Citations: Gazette 10-Jul-1996 Statutes: Solicitors Act 1974 70(4) Jurisdiction: England and Wales Costs, Legal Professions Updated: 08 April 2022; Ref: scu.80944
Judges: Sole J Citations:  EWHC 62 (QB) Links: Bailii Statutes: Solicitors Act 1974 70 Jurisdiction: England and Wales Legal Professions, Costs Updated: 03 April 2022; Ref: scu.603729
The claimant challenged an order striking her from the Roll for professional misconduct. Judges: Morris J Citations:  EWHC 411 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49 Jurisdiction: England and Wales Legal Professions Updated: 27 March 2022; Ref: scu.579637
Judges: Mrs Justice Cockerill Citations:  EWHC 124 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1) Jurisdiction: England and Wales Legal Professions Updated: 25 March 2022; Ref: scu.671576
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 England and Wales. Lord Denning MR said: ‘But when we come to matters with a European element, … Continue reading Bulmer (HP) Ltd v Bollinger SA: CA 1974
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
Citations:  EWHC 164 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1) Jurisdiction: England and Wales Legal Professions Updated: 29 January 2022; Ref: scu.573923
Judges: Hamblen LJ,Holroyde J Citations:  EWHC 86 (Admin) Links: Bailii Statutes: Solicitors Act 1974 46 Jurisdiction: England and Wales Legal Professions Updated: 29 January 2022; Ref: scu.573490
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
MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012
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 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
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
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
The defendant objected to paying the plaintiff the costs of a replacement hire car after the accident for which he was liable. He said that the plaintiff was in any event insured to recover that cost, and the insurance company were subrogated to the plaintiff’s claim. He also said that the insurer should give credit … Continue reading Bee v Jenson: ComC 21 Dec 2006
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
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 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
‘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
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
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
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 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 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
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
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 court considered the Rule in Hastings-Bass, and specifically (1) whether the trustee’s decision is open to challenge when the failure to take a consideration into account is not attributable to a breach of fiduciary duty on the part of the trustee; and (2) whether, where a decision is open to challenge on the ground … Continue reading Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr: ChD 6 Feb 2003
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
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 is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976
Innocent third Party May still have duty to assist The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents. Held: Disclosure should be ordered. If someone, even innocently … Continue reading Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973
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
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: . .
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 . .
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings.
Held: The claimant . .
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 . .
The taxpayer, a well known film actor, agreed to work through a company for three years being paid andpound;50 per week. The shares were transferred to his wife and accountant. His father in law set up a andpound;100 settlement for the benefit of . .
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 court considered the duties of the respondent in administering the Compensation Fund: ‘It seems clear from the current legislation that the history of the fund and the mode of operating it that the solicitors’ profession was never intended or . .
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 client complained that he should have been advised to apply for legal aid and otherwise. The solicitor now appealed a disciplinary finding against her.
Held: The court considered the purpose of Schedule 1A of the 1974 Act: ‘it is arguable . .
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 against the decision of the Appeals Committee of the Office of Supervision of Solicitors – limit on practice without approval . .
The claimant solicitor complained that in disciplinary proceedings brought against him by the respondent, the clerk to the tribunal had drafted the judgment, even though she had been an emloyee of the respondent.
Held: The description of the . .
The claimant solicitors sought an injunction to require the magazine Private Eye not to publish an opinion from the Scottish Legal Ombudsman regarding complaints against the solicitors. The parties disputed whether it was confidential. The . .
The Society appealed a rejection of a complaint of misconduct based on the solicitor having accepted payments of pounds 20.00 a time from a search company.
Held: The payments were not a secret commission, but rather discounts or rebates, and . .
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 . .
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 . .
(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, . .
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
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. . .