Search Results for: The Solicitors

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Jideofo v The Law Society; Evans v The Solicitors Regulation Authority: 31 Jul 2007

(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

The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

EAT Sex Discrimination : Direct – The Claimant and a male comparator were permitted to work from home on certain days each week to facilitate child care arrangements. The Claimant’s right to do so was revoked, although she was offered the facility of more flexible working hours. The explanation for the Claimant’s apparently less favourable … Continue reading The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

Wingate and Another v The Solicitors Regulation Authority: CA 7 Mar 2018

What is integrity for a solicitor? The Court considered the meaning of ‘integrity’ as that word is used in the SRA’s Code of Conduct and Principles. Held: Integrity indicated that something higher was expected of a solicitor than simple honesty. It was a useful shorthand for denoting adherence to the ethical standards of the profession, … Continue reading Wingate and Another v The Solicitors Regulation Authority: CA 7 Mar 2018

Akodu v Solicitors Regulation Authority: Admn 13 Nov 2009

Judges: Moses LJ, Tomlinson J Citations: [2009] EWHC 3588 (Admin) Links: Bailii Cited by: Cited – Bass and Another v Solicitors Regulation Authority Admn 18-Jul-2012 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, … Continue reading Akodu v Solicitors Regulation Authority: Admn 13 Nov 2009

Nahome and Others v Last Cawthra Feather Solicitors: ChD 29 Jan 2010

The claimants said that the defendant firm of solicitors had acted negligently and in breach of contract in failing to secure the renewal of their business lease. A notice had omitted the word ‘not, and falsely indicated that possession would be granted. Liability having been entered the parties now disputed the damages to be awarded. … Continue reading Nahome and Others v Last Cawthra Feather Solicitors: ChD 29 Jan 2010

Ete v Solicitors Regulation Authority Ltd: Admn 1 Aug 2022

appeal from an order of the Solicitors Disciplinary Tribunal that the Appellant be struck off the Roll of Solicitors. Judges: The Honourable Mr Justice Linden Citations: [2022] EWHC 2070 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 11 August 2022; Ref: scu.679795

HS and 15 Others, Regina (on The Application of) v NLR Solicitors: Admn 30 Nov 2015

This case, involving four different claims, concerns the interrelationship between (a) claims for Judicial Review where the complaint is about the legality of the issue and execution of search warrants and the relief sought is the return of material seized by the police under those warrants, and (b) applications or potential applications by the Police … Continue reading HS and 15 Others, Regina (on The Application of) v NLR Solicitors: Admn 30 Nov 2015

Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

The complainant requested that the Treasury Solicitor’s Department provided him with the identity of the individual(s) whose allegations culminated in him being declared a vexatious litigant. TSOL refused to disclose the information on grounds provided by section 30 (investigations and proceedings conducted by public authorities) or, in the alternative, section 31 (law enforcement) of the … Continue reading Treasury Solicitors (Decision Notice): ICO 19 Oct 2009

Dass Solicitors v Southcott: ChD 2 Apr 2009

The claimant solicitors said that the defendant employed solicitor had sought to leave without giving the required three months’ notice and had sought to persuade clients of the firm to go to his new practice. Application was made on a without notice basis but both parties were present and represented. An injunction was sought. Held: … Continue reading Dass Solicitors v Southcott: ChD 2 Apr 2009

Angela Taylor Solicitors, Regina v: CACD 28 Nov 2008

The solicitors appealed against a wasted costs order. In defending a client on an allegation fo domestic violence they sought assistance from a local authrityabout a foster child. They drafted a witness summons, and served it on the authority, but the judge refused the summons. The solicitors failed to inform the authority that the summons … Continue reading Angela Taylor Solicitors, Regina v: CACD 28 Nov 2008

Chaplin v Howard Kennedy Solicitors: EAT 20 Jan 2009

EAT UNFAIR DISMISSAL: Reasonableness of dismissalEmployee refusal to consent to disclosure of medical records for purpose of medical examination by OHS doctor. Whether dismissal fair. Employment Tribunal held that internal appeal corrected earlier procedural defect. Dismissal fair. Appeal dismissed. Judges: Peter Clark J Citations: [2009] UKEAT 0469 – 08 – 2001 Links: Bailii Citing: Cited … Continue reading Chaplin v Howard Kennedy Solicitors: EAT 20 Jan 2009

Treasury Solicitors (Decision Notice): ICO 14 Dec 2010

The complainant requested that all the information that he was not provided under two previous Subject Access Requests (which concerned him) was provided to him by the public authority under the Freedom of Information Act. The public authority provided a schedule of the information that was held, provided some information and withheld other information by … Continue reading Treasury Solicitors (Decision Notice): ICO 14 Dec 2010

Messrs Dean and Dean Solicitors v DionissiouMoussaoui: EAT 14 Jul 2008

EAT PRACTICE AND PROCEDURE: Costs The Employment Judge did not err in principle or omit a relevant or consider an irrelevant factor when dismissing Respondents’ applications for costs when much of a sex discrimination case was struck out. Citations: [2008] UKEAT 0140 – 08 – 1407 Links: Bailii Citing: Cited – Shergold v Fieldway Medical … Continue reading Messrs Dean and Dean Solicitors v DionissiouMoussaoui: EAT 14 Jul 2008

Page and Another v Hewetts Solicitors and Another: ChD 20 Sep 2013

Claims for breach of the duties owed in contract and/or tort by the First Defendant (a firm of solicitors) and the Second Defendant (a legal executive in that firm) when acting in and about the sale of the principal asset of the estate of which the Claimants are administrators (‘the common law claims’); and for … Continue reading Page and Another v Hewetts Solicitors and Another: ChD 20 Sep 2013

Lewald-Jezierska v Solicitors-In-Law Ltd and others: EAT 1 Jul 2008

EAT PRACTICE AND PROCEDURE Withdrawal Striking-out/dismissal This was an appeal against the Order of the Registrar in which the appellant claimed that she should be allowed to make an application out of time to set aside an Order in which her appeal to the EAT had been dismissed on her withdrawal. She alleged that she … Continue reading Lewald-Jezierska v Solicitors-In-Law Ltd and others: EAT 1 Jul 2008

Hatten Wyatt Solicitors v Mamedu: EAT 20 Nov 2007

EAT Race Discrimination – Burden of proof Contract of Employment – Implied term/variation/construction of term The issue on the appeal was whether it had been open to the ET to conclude that a firm of solicitors had not discharged the burden of proof on it that the withdrawal of an offer of employment to a … Continue reading Hatten Wyatt Solicitors v Mamedu: EAT 20 Nov 2007

Solicitors Regulation Authority v Spector: Admn 15 Jan 2016

The SRA challenged an anonymity direction given on conclusion of a complaint hearing against the respondent Judges: Burnett LJ, Nicol J Citations: [2016] EWHC 37 (Admin), [2016] WLR(D) 12, [2016] 1 Costs LR 35, [2016] 4 WLR 16 Links: Bailii, WLRD Jurisdiction: England and Wales Cited by: Cited – Lu v Solicitors Regulation Authority Admn … Continue reading Solicitors Regulation Authority v Spector: Admn 15 Jan 2016

Ali v Solicitors Regulation Authority Limited: Admn 11 Oct 2021

The solicitor appealed from disciplinary findings after she had sent extraordinary text messages. She complained hat the tribunal had wrongly refused to anonymise the activity and or hat it had wrongly anonymised the identity of the two law firms she had worked for. Held: Judges: The Honourable Mr Justice Morris Citations: [2021] EWHC 2709 (Admin) … Continue reading Ali v Solicitors Regulation Authority Limited: Admn 11 Oct 2021

Lu v Solicitors Regulation Authority: Admn 6 Jul 2022

No Unmnecessary Anoniymity The appellant, having been acquitted of misconduct, complained of the anonymisation of various partied by the SDT. Held: The court was critical of the approach taken by the Tribunal. ‘I see no good reason why Ms Pearson, Ms Stone, Mr Ewing and Mr Blakemore, should have been anonymised by the tribunal. They … Continue reading Lu v Solicitors Regulation Authority: Admn 6 Jul 2022

Maitland Hudson v Solicitors Regulation Authority: Admn 2017

Citations: [2017] EWHC 3478 (Admin) Jurisdiction: England and Wales Cited by: Cited – Lu v Solicitors Regulation Authority Admn 6-Jul-2022 No Unmnecessary Anoniymity The appellant, having been acquitted of misconduct, complained of the anonymisation of various partied by the SDT. Held: The court was critical of the approach taken by the Tribunal. ‘I see no … Continue reading Maitland Hudson v Solicitors Regulation Authority: Admn 2017

J P Ticktum and Shranks Solicitors v Bannister: EAT 5 Jul 2007

EAT Unfair Dismissal – Compensation / Mitigation of Loss Compensation for loss of earnings for unfair dismissal awarded from dismissal to hearing and 6 months thereafter. Appeal based on lack of reasons for rejecting Respondent’s case as to mitigation and future loss. Held that the reasons, although sparse, were sufficient. In the absence of a … Continue reading J P Ticktum and Shranks Solicitors v Bannister: EAT 5 Jul 2007

Barnes v Tilbrooks Solicitors and Another: CA 20 Dec 2001

Applications for leave to re-instate application for leave to appeal. The applicant asked the judge to recuse himself the defendant having made allegations against several high court judges of a criminal conspiracy against him. Held: No basis had been put forward for the allegation that a conspiracy existed and the application was refused. Citations: [2001] … Continue reading Barnes v Tilbrooks Solicitors and Another: CA 20 Dec 2001

Martin v Devonshires Solicitors: EAT 9 Dec 2010

EAT VICTIMISATIONC, a legal secretary in a firm of solicitors, as a result of mental illness makes false allegations against partners of discriminatory conduct (contrary to SDA and DDA) – Unwilling to accept that allegations untrue – Medical advice of risk of recurrence – Rs decide to dismiss – Claim of victimisation – Rs accept … Continue reading Martin v Devonshires Solicitors: EAT 9 Dec 2010

Shuttari v Solicitors’ Indemnity Fund: CA 21 Mar 2007

The solicitor sought to appeal an arbitration award refusing her indemnity by the Fund aganst the consequences of her partner’s dishonesty. She now sought to appeal against a refusal of the judge to allow her application to set aside the arbitration award. She said that the Law Society’s own disciplinary proceedings were inconsistent. She now … Continue reading Shuttari v Solicitors’ Indemnity Fund: CA 21 Mar 2007

Moss and Coleman Solicitors v Kordowski: Nom 1 Feb 2007

The claimant solicitors sought transfer to them of a domain name registered by the defendant using their name and criticising them. Citations: [2007] DRS 4198 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Handyside v The United Kingdom ECHR 7-Dec-1976 Freedom of Expression is Fundamental to SocietyThe appellant had published a ‘Little Red Schoolbook’. … Continue reading Moss and Coleman Solicitors v Kordowski: Nom 1 Feb 2007

Solicitors Regulation Authority v James: Admn 13 Nov 2018

In each case, the Solicitors Disciplinary Tribunal, despite finding dishonesty, substituted a punishment less than a striking off, finding exceptional circumstances in mental health conditions arising from pressure of work. Held: The SRA’s appeal succeeded. Such mental health conditions could not normally amount to exceptional circumstances. Judges: Flaux LJ, Jeremy Baker J Citations: [2018] EWHC … Continue reading Solicitors Regulation Authority v James: Admn 13 Nov 2018

Regina v Solicitors’ Complaints Bureau, ex parte Singh and Chowdury: Admn 1995

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 proper standards are not reached. It is the quality of the service . … Continue reading Regina v Solicitors’ Complaints Bureau, ex parte Singh and Chowdury: Admn 1995

DKLL Solicitors v Revenue and Customs: ChD 6 Mar 2007

Application for an administration order in relation to DKLL Solicitors — which I will refer to as the partnership – a firm of solicitors providing general legal services, whose principal place of business is in Epsom, Surrey. T Judges: Andrew Simmonds QC Citations: [2007] EWHC 2067 (Ch), [2007] BCC 908 Links: Bailii Jurisdiction: England and … Continue reading DKLL Solicitors v Revenue and Customs: ChD 6 Mar 2007

Levenes Solicitors v Dalley: EAT 23 Nov 2006

EAT Unfair Dismissal – Reasonableness of dismissal – The Tribunal erred in law by holding that the Claimant’s dismissal was unfair on grounds of disparity notwithstanding its findings that the decision to dismiss was reasonable substantively and procedurally and that dismissal was within the band of reasonable responses.Race discrimination – Direct/ Burden of proofThe Tribunal … Continue reading Levenes Solicitors v Dalley: EAT 23 Nov 2006

Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006

Judges: Lawrence Collins J Citations: [2006] EWHC 480 (Ch) Links: Bailii Statutes: Solicitors Act 1974, Law Society Compensation Fund Rules 1995 Jurisdiction: England and Wales Citing: Cited – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. … Continue reading Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society: ChD 14 Mar 2006

Peter Edwards Law Solicitors v Simpson: EAT 9 Nov 2005

EAT Practice and Procedure The Tribunal erred in striking out this Notice of Appearance by taking into account when doing so the failure of the Respondent to serve unilaterally its witness statements in circumstances where the Claimant was declining to exchange statements (the Tribunal having directed exchange). On review the Tribunal did not apply correct … Continue reading Peter Edwards Law Solicitors v Simpson: EAT 9 Nov 2005

David Wyld and Co, Solicitors v Dadourian and Another: QBD 20 Jun 2011

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. Judges: Cox DBE J Citations: [2011] EWHC 1517 (QB) Links: Bailii Statutes: Solicitors Act 1974 70 Jurisdiction: England and Wales Legal Professions Updated: 29 … Continue reading David Wyld and Co, Solicitors v Dadourian and Another: QBD 20 Jun 2011

Hanbury and Another v Hugh James Solicitors (A Firm): QBD 30 Apr 2019

Claim for professional negligence brought on behalf of the widow and estate of Mr David Jack Hanbury (‘the claimants’) against solicitors who were instructed to pursue a claim arising out of his death from asbestos related lung cancer. The claim did not proceed after an unfavourable medical report was obtained. It is the claimants’ case … Continue reading Hanbury and Another v Hugh James Solicitors (A Firm): QBD 30 Apr 2019

Onwuka, Re Solicitors Act 1974 No 3 of 2002: CA 2 Jul 2002

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 of that conviction. He was convicted of further offences and … Continue reading Onwuka, Re Solicitors Act 1974 No 3 of 2002: CA 2 Jul 2002

Treasury Solicitors (Central Government): ICO 9 Mar 2015

The complainant submitted a request to the Treasury Solicitor’s Department (TSol) for guidance it provided to other government departments in the event of freedom of information cases being appealed to the Information Commissioner’s Office or progressed beyond that stage. TSol explained that it held information falling within the scope of the request but refused to … Continue reading Treasury Solicitors (Central Government): ICO 9 Mar 2015