The claimant alleged negligence against his solicitors in having failed to challenge an order made ultra vires by a county court judge.
Held: The common law doctrine of de facto jurisdiction validated the decision of the judge. The recorder had a colourable title to hear the case, and could assume that the case had been validly listed before him.
Judges:
Kennedy, Laws, Arden, LJJ
Citations:
Times 13-Jan-2005
Jurisdiction:
England and Wales
Citing:
Cited – Curtin v Barton 1893
(New York) ‘When a court with competent jurisdiction is duly established, a suitor who resorts to it for the administration of justice and the protection of private rights should not be defeated or embarrassed by questions relating to the title of . .
Cited – Fawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 09 May 2022; Ref: scu.221427
