The plaintiff had been convicted on criminal charges but then acquitted on Appeal. He complained that the defendant solicitors had conducted his defence at trial negligently, failing to take steps which reasonably competent solicitors would have taken.
Held: The complaint was made out. The solicitors’ failures were not limited to preliminary decisions and were not within the scope of the forensic immunity established by Rees v Sinclair . There was no public policy objection to the plaintiff’s claim since far from challenging the final subsisting decision of a court his claim was entirely consistent with his acquittal on appeal. The court would grant anonymity to a firm of solicitors where serious allegations were made.
Citations:
[1997] 3 All ER 909
Cited by:
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 09 May 2022; Ref: scu.200458