Category: Legal Professions

Boyd and Hutchinson v Joseph: ChD 14 Mar 2003

The claimant had been awarded costs, and sought to charge her time as a solicitor.
Held: The claimant had only a limited practicing certificate, which would allow her to work for others only without charge. She could not for these proceedings charge on the basis on which she would not be allowed to practise.

Judges:

The Honourable Mr Justice Patten

Citations:

[2003] EWHC 413 (Ch), Gazette 15-May-2003

Links:

Bailii

Statutes:

Civil Procedure Rules 51

Jurisdiction:

England and Wales

Citing:

Cited – London Scottish Benefit Society v Chorley Crawford and Chester CA 30-May-1884
Where an action is brought against a solicitor who defends it in person and obtains judgment, he is entitled upon taxation to the same costs as if he had employed a solicitor, except in respect of items which the fact of his acting directly renders . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 29 September 2022; Ref: scu.180338

Batten v Wedgwood Coal and Iron Company: ChD 18 Jan 1886

A solicitor was held to owe a duty to a party other than his client where, having carriage of the court’s order, he failed to comply with the duty (imposed by a rule of court) to lodge a request for the investment of money in court at the Chancery pay office and he was be liable to compensate the other party for the loss. Pearson, J. said: ‘The conduct of the sale rested with him because he was the solicitor of the Plaintiff, and as such he was discharging the duty which devolved upon him, and no other solicitor would have been entitled to charge for that which he was doing. But he was acting as an officer of the Court, and in that character, I conceive, he was liable to the Court for the due discharge of his duty. Until I am corrected by a higher tribunal I shall hold that the Court has a summary jurisdiction to make a solicitor liable for not properly discharging his duty under such circumstances. I think, therefore, that he is liable to make good to the receiver the loss of interest which has resulted from the non-investment of the money.’

Judges:

Pearson J

Citations:

(1886) 31 Ch D 346, [1886] UKLawRpCh 14

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Connolly-Martin v Davis CA 27-May-1999
A claim was brought by a party against counsel for his opponent who had gone beyond his authority in giving an undertaking for his client.
Held: The claim had no prospect of success, and had been struck out correctly. Counsel offering to the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 27 September 2022; Ref: scu.424847

Alpha Rocks Solicitors v Alade: CA 9 Jul 2015

The court was asked: ‘when it is appropriate to strike out a claim on the grounds that the claimant has abused the process of the court. It arises in the context of a claim by a firm of solicitors to recover their costs and expenses from their client in circumstances in which the client alleges that the bills were fraudulently exaggerated or misstated.’

Judges:

Moore-Bick, Fulford, Vos LJJ

Citations:

[2015] 1 WLR 4534, [2015] WLR(D) 308, [2015] 4 Costs LO 483, [2015] EWCA Civ 685

Links:

WLRD, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Turley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 27 September 2022; Ref: scu.549761

L Morgan and Co v Jenkins O’Dowd and Barth: ChD 19 Nov 2008

The defendant solicitor applied that enforcement of an order made that he should comply with his undertakings given in the course of a conveyancing transaction for the discharge of mortgages on the sale of properties, should be delayed until the court had established what sums were required to discharge them. The charges were all monies charges.
Held: There was no basis upon which it was possible to argue that the bank should be required to accept a sum which would have been acceptable had the appropriate request been made at the time of the conveyancing transaction, and ‘Accordingly, the bank is entitled to deal with the matter as it thinks fit in the light of the situation as it now is. I cannot see as a matter of general principle that there is any possible basis for arguing that the bank should be required to accept the sum which it would have accepted had the appropriate request been made in 2006 . . the defendant firm is no doubt backed by its indemnity insurers and all that is required is a cheque to be written for the sum in question. There is no impossibility there. The only problem from their point of view is that it now costs rather more to perform the undertakings than they think it would have cost had they dealt with them as they should have done, two years ago. However, that is their misfortune and is not a surprising result of the breach of undertaking in the first place.’
However, obiter: ‘The only rider I would add is that there is a liberty to apply in the order and if the bank were now to change its stance and to require terms which appear wholly unreasonable or to go beyond the scope of anything which could possibly have been contemplated when the undertaking was originally given, there may then, and I say no more than that, there may be a case for applying to the court to discharge the existing order and replace it with an inquiry as to damages suffered by the purchasers.’

Judges:

Henderson J

Citations:

[2008] EWHC 3411 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – In re a Solicitor 1966
The solicitor had given an undertaking to hold five leases to the order of a bank. They were not in his possession and one was subject to a prior mortgage. Complaint was made to oblige him to comply with his undertaking.
Held: In the absence . .
Cited – Udall v Capri Lighting Ltd (in liquidation) CA 1987
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 25 September 2022; Ref: scu.406171

Baker v Carrick: 1894

Letters written by a solicitor in the performance of his or her duties to a client of the firm to a person with an appropriate interest in receiving it attract qualified privilege. Publication by a solicitor is protected by qualified privilege if his client would have been similarly protected in making the same publication, provided that the solicitor is acting within the scope of his authority.

Citations:

[1894] 1 QB 838

Jurisdiction:

England and Wales

Cited by:

Cited – Waple v Surrey County Council CA 17-Dec-1997
The applicant and her husband had adopted a son. After problems he was taken into care and fostered. The council sought a contribution to the cost of care. The parent requested details as to the circumstances behind the application, and had relayed . .
Cited – Watts v Times Newspapers Ltd, Neil, Palmer and Schilling and Lom CA 28-Jul-1995
The plaintiff author had claimed damages for defamation, saying that he had been accused of plagiarism. An apology had been given in the form requested – no qualified privilege. The plaintiff brought an associated case against his lawyer, saying . .
Cited – Khader v Aziz and Another QBD 31-Jul-2009
The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied.
Held: Assuming (which was denied) that the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Defamation

Updated: 22 September 2022; Ref: scu.180679

Regina v Law Society ex parte Ingman Foods Oy Ab: Admn 17 Jan 1997

The claimant sought compensation from the respondent for the actions of his solicitor. The Society resisted saying that the claimant was himself largely responsible for his losses.

Citations:

[1997] EWHC Admin 26, [1997] 2 All ER 666

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 22 September 2022; Ref: scu.136971

Attorney General of Trinidad and Tobago v Ayers-Caesar: PC 9 Dec 2019

(Trinidad and Tobago) The appeal concerns the question whether leave to bring judicial review proceedings against the President should have been granted by the courts in Trinidad and Tobago to the respondent. Leave to apply for judicial review against the Commission has also been granted, and there is no appeal in relation to that aspect of the respondent’s claim.

Judges:

Lord Carnwath, Lady Black, Lord Briggs, Lord Kitchin, Lord Sales

Citations:

[2019] UKPC 44

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 22 September 2022; Ref: scu.645938

Hartles v Information Commissioner: FTTGRC 18 Mar 2013

Legal professional privilege – Disclosure of environmental information adversely affecting the course of justice

Judges:

Farrer QC

Citations:

[2013] UKFTT 2012 – 0198 (GRC), [2013] UKFTT EA – 2012 – 0198 (GRC

Links:

Bailii, Bailii

Statutes:

Freedom of Information Act 2000

Jurisdiction:

England and Wales

Information, Legal Professions

Updated: 22 September 2022; Ref: scu.473044

Bolkiah and others v The State of Brunei Darussalam and Another (62): PC 8 Nov 2007

(Brunei Darussalam) The Board considered whether the chief Justice of Brunei could be considered to be properly independent.
Held: Lord Bingham rejected the contention for an objective perception of bias as fanciful, saying of the Chief Justice, aged 74 at the material time, that he came to the office then held at the end of a long and distinguished judicial career, after retiring from the bench in Hong Kong, and already in receipt of what he described as a ‘reasonably adequate pension’. He could only be seen as ‘a man for whom all ambition was spent, save that of retiring with the highest judicial reputation’.

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2007] UKPC 62

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Misick and Others v The Queen PC 25-Jun-2015
Turks and Caicos – The appellants, a former Chief Minister and others, faced a trial on charges of corruption. They objected that the Justice set to hear the case had insufficient security of tenure to guarantee independence, and that the same judge . .
See Also – Bolkiah and others v The State of Brunei Darussalam and Another (63) PC 8-Nov-2007
(Brunei Darussalam) . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 19 September 2022; Ref: scu.261486

Hilborne v The Law Society of Singapore: PC 7 Mar 1978

Singapore – disciplinary decision against lawyers can be regarded as a civil matter for the purpose of considering the jurisdiction of the appellate court

Judges:

Diplock, Fraser of Tullbelton, Russell of Killowen LL

Citations:

[1978] 1 WLR 841, [1978] UKPC 6, [1978] 2 All ER 757

Links:

Bailii

Commonwealth, Legal Professions

Updated: 17 September 2022; Ref: scu.443336

Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others: ECJ 14 Sep 2010

ECJ Appeal – Competition – Measures of inquiry – Commission’s powers of investigation – Legal professional privilege – Employment relationship between a lawyer and an undertaking – Exchanges of e-mails.

Judges:

V. Skouris, P

Citations:

[2010] EUECJ C-550/07, C-550/07, [2011] 3 WLR 755, [2011] Bus LR 1458

Links:

Bailii

Citing:

Opinion – Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others (Competition) ECJ 29-Apr-2010
ECJ (Opinion) Appeal Competition – Administrative procedure – Commission’s powers of investigation – Documents copied in the course of an investigation and later placed on the file – Protection of confidentiality . .
Lists of cited by and citing cases may be incomplete.

European, Legal Professions

Updated: 17 September 2022; Ref: scu.442619

JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011

The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court.
Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have been made. He was concerned that all reasonable efforts should be made to ensure that the relevant contemnor, Mr Shalabayev, was apprehended and that he could begin to serve the sentence of imprisonment imposed upon him. He added: ‘Whatever advice he needed for the purposes of the committal proceedings has already been given, and he has not appealed against the committal order. The right of Mr Shalabayev to seek and obtain privileged legal advice from [his solicitors] is not in issue. What he cannot reasonably do, in my judgment, is to keep a confidential line of communication with [them] open for that purpose, while at the same time expecting his contact details to be withheld from those charged with enforcement of the committal order.’
As to the order for disclosure by the solicitors, Henderson J examined the authorities, adding: ‘In my view these cases . . do provide valuable illustrations of the reasons why the appropriate course will normally be to refuse such an application where the address was provided to the solicitor in confidence for the purposes of obtaining legal advice.’ and, more generally: ‘. . In the first place, I feel no real doubt that the court has jurisdiction to make the order sought. I base that conclusion both on the [A J Bekhor and Co Ltd v Bilton [1981] 1 QB 923] line of authority and on the power of the High Court to give directions to solicitors as officers of the court. It is unnecessary for me to consider whether jurisdiction could also be founded on the Norwich Pharmacal line of cases, and I prefer to leave that question open. Secondly, I consider that the court must be alert not to make any order which might inhibit the fundamental right of Mr Shalabayev to seek and obtain legal advice from [his solicitors]. Thirdly, the court should as far as possible respect the express condition of confidentiality subject to which Mr Shalabayev has provided his contact details to [his solicitors], while noting that the only reason for this . . is the fears that Mr Shalabayev says he has for the safety of himself and his family. Fourthly, there is a clear distinction in modern English law (although there was not at the date of the Victorian authorities which I have examined) between a client’s right to claim legal professional privilege, which is absolute, and the right to protection of confidential information, which is capable of being overridden by other considerations, not least in the context of disclosure under the CPR (and previously the Rules of the Supreme Court) where it is well established that confidentiality does not of itself justify non-disclosure of a relevant document or information. Fifthly, there is a strong public interest in ensuring obedience to court orders generally, and in not allowing the court to be baffled by the complexities of international fraud cases and opaque asset-holding structures. Sixthly, the public interest which I have just mentioned applies with particular force to enforcement of the committal order against Mr Shalabayev, because part of the purpose of committing a contemnor to prison is to encourage belated compliance by him with the court orders which have been flouted.’

Judges:

Henderson J

Citations:

[2011] EWHC 2163 (Ch), [2013] Ch 1, [2012] 3 WLR 559, [2011] CP Rep 46, [2012] 1 All ER 735

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SRJ v Person(s) Unknown (Author and Commenters of Internet Blogs) QBD 10-Jul-2014
The claimant sought an order for the disclosure by his solicitor of the identity of the author of an internet blog publishing critical material which, the claimant said, was its confidential information. The defendant’s solicitor had failed to . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Legal Professions

Updated: 17 September 2022; Ref: scu.442582

Official Solicitor to the Supreme Court v K: HL 1965

Legal representatives of a party were entitled to have disclosed to them of ‘behind the scenes’ investigation in a care matter in which their client was involved, but should be requested to undertake not to pass on details to their client.

Judges:

Lord Devlin

Citations:

[1965] AC 201

Jurisdiction:

England and Wales

Cited by:

Approved – Re M (Disclosure) FD 20-May-1998
Children proceedings must not become overburdened by expert evidence which vastly increase expense. Closer case management was urged by courts as urged. Disclosure of background reports to a legal adviser under conditions of confidentiality was . .
Cited – In re W (Children) (Care proceedings: Disclosure) FD 11-Jul-2003
The authority had received confidential information from the police about mistreatment of a child by a father. The allegation was unknown to the mother. It sought directions from the court as to the extent to which it could breach that . .
Lists of cited by and citing cases may be incomplete.

Children, Legal Professions

Updated: 16 September 2022; Ref: scu.184728

Liberos v Commission: ECJ 15 Jan 2002

ECJ Appeal – Possibility for the Judge-Rapporteur in the Court of First Instance to hear and determine a case sitting as a single Judge – Member of the temporary staff – Classification in grade – Professional experience

Citations:

C-171/00, [2002] EUECJ C-171/00P

Links:

Bailii

Jurisdiction:

European

Legal Professions

Updated: 16 September 2022; Ref: scu.167457

Janin Caribbean Construction Ltd v Wilkinson and Another: PC 11 Oct 2016

(Grenada)

Judges:

Lord Clarke, Lord Wilson, Lord Sumption, Lord Hodge, Sir John Gillen

Citations:

[2016] UKPC 26

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rees v Sinclair 1974
(New Zealand Court of Appeal) The court discussed the indemnity given to witnesses: ‘But I cannot narrow the protection to what is done in court: it must be wider than that and include some pre-trial work. Each piece of before-trial work should, . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 16 September 2022; Ref: scu.570455

Lumsdon and Others, Regina (on The Application of) v Legal Services Board: Admn 20 Jan 2014

Four barristers challenged, by a judicial review, a decision by which the LSB approved an application proposed by the BSB jointly with two other approved regulators, the SRA and IPS, to introduce the Quality Assurance Scheme for Advocates

Judges:

Sir Brian Leveson P QBD, Bean, Cranston JJ

Citations:

[2014] EWHC 28 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Rondel v Worsley HL 1967
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 . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
Cited – Oliver v Symons CA 15-Mar-2012
The parties disputed the extent of a right of way, the claimant appealing against the rejection of his claim for ‘swing space’ alongside the right of way.
Held: The appeal failed. Elias LJ said that the ‘argument for swing space fails. That is . .
Cited – Al Rawi and Others v The Security Service and Others SC 13-Jul-2011
The claimant pursued a civil claim for damages, alleging complicity of the respondent in his torture whilst in the custody of foreign powers. The respondent sought that certain materials be available to the court alone and not to the claimant or the . .
See Also – Lumsdon and Others v Legal Services Board Admn 30-Oct-2013
The claimants, practising barristers and members of the Criminal Bar Association sought a declaration that the Quality Assurance Scheme for Advocates approved by the defendant was unlawful. . .

Cited by:

Appeal from – Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others CA 7-Oct-2014
The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates.
Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then . .
At First Instance – Lumsdon and Others, Regina (on The Application of) v Legal Services Board SC 24-Jun-2015
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates . .
Lists of cited by and citing cases may be incomplete.

Legal Aid, Legal Professions

Updated: 16 September 2022; Ref: scu.519976

Windsor v Bristol Crown Court and Another: Admn 27 Jul 2011

The claimants, including a solicitor, had challenged by way of judicial review decision to issue search warrants. Orders had been granted limiting certain aspects of the orders and injuncting the Revenue against examination etc of documents already taken into its possession. The revenue now appealed to vary the orders lifting the restrictions.

Judges:

Laws LJ, Parker J

Citations:

[2011] EWHC 1899 (Admin)

Links:

Bailii

Cited by:

Cited – Mills and Another, Regina (on The Application of) v Sussex Police and Another Admn 25-Jul-2014
The claimants faced criminal charges involving allegations of fraud and corruption. They now challenged by judicial review a search and seizure warrant saying that it was unlawful. A restraint order had been made against them and they had complied . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 16 September 2022; Ref: scu.442238

Ejegi v Migrant Advisory and Advocacy Service: CA 25 Jan 2011

The respondent service provided immigration advice and support under a scheme which did not allow them to claim any fees. The claimant said that they had repeatedly requested donations which were equivalent to fees.

Judges:

Ward, Moses LJJ

Citations:

[2011] EWCA Civ 715

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 15 September 2022; Ref: scu.441231

Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005

Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to potential difficulties in having essential evidence admitted, and the evidence was not admitted, and a much lower sum was received. The court of appeal had found the advice itself not to be negligent, but that she should have given the client more detailed advice.
Held: The question whether her advice was negligent has to be judged in the light of the choices that were available in the light of her assessment. She had to balance the possibility of her client’s desire to achieve a full settlement against the loss of a chance to sue the solicitors for negligence. ‘it is the substance of the advice, not the precise wording used to convey it, that needs to be examined in order to judge whether it was negligent. The significance of Miss Perry’s failure to tell Mr Moy that the prospects of getting the evidence in were 50/50 has to be measured against what she did tell him, which was that she was hopeful that the judge would admit the evidence’. The court of appeal had been wrong to disturb the finding that the barrister had not been negligent: ‘it was not incumbent upon the appellant to spell out all her reasoning, so she was not in breach of her duty of care to the claimant in the advice which she gave. ‘ As to the right of the solictors to appeal: ‘section 1(5) of the 1978 Act should be so construed as not to bar an appeal in a case such as the present. This could be done in either or both of two ways. One could construe the word ‘judgment’ as referring to a final judgment after any appeals have been determined, rather than the judgment at first instance of the trial judge; or one could confine the operation of the subsection to actions for contribution subsequently brought, so excluding further proceedings by way of appeal in the original action. Whichever construction one adopts, I consider that the solicitors’ right of appeal to the Court of Appeal was not barred by the operation of section 1(5)’

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2005] 1 All ER 903, [2005] PNLR 24, [2005] UKHL 7, Times 04-Feb-2005, [2005] 1 WLR 581

Links:

House of Lords, Bailii

Statutes:

Civil Liability (Contribution) Act 1978

Jurisdiction:

Scotland

Citing:

Cited – Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm) HL 20-Jul-2000
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers.
Held: The immunity from suit for negligence enjoyed by advocates acting in . .
Cited – Barton v William Low and Co Ltd 1968
The court was asked the question as to whether it was competent for a party who had been brought into the action under the third party procedure to challenge the relevancy of averments which the pursuer, who made no case against the third party, was . .
Cited – Macleay v Macdonald IHCS 1928
When an interlocutor is reclaimed against, the effect from the time the reclaiming motion is marked is to sist, or stay, all execution on the decree which has been pronounced in the Outer House until the reclaiming motion has been determined: rule . .
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – Karpenko v Paroian, Courey, Cohen and Houston 1981
(Ontario High Court) Andersen J said: ‘What is relevant and material to the public interest is that an industrious and competent practitioner should not be unduly inhibited in making a decision to settle a case by the apprehension that some Judge, . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Hanson v Wearmouth Coal Co Ltd CA 1939
The trial judge had found in favour of the first defendant, a coal company, and held the second defendant, a gas company, wholly to blame for the loss incurred by the plaintiff as the result of an explosion caused by a leakage of gas. The second . .
Appeal from – Moy v Pettman Smith (A Firm) CA 19-Jun-2002
The claimant had pursued an action for damages for professional negligence against a hospital treating his broken tibia. He now sought damages after the defendant firm of solicitors acting for him in the first action had, he said, failed to obtain . .
See Also – Moy v Pettman Smith (A Firm) and Another CA 25-Mar-2003
. .

Cited by:

Cited – Thomson and Another v O’Connor and Another CA 7-Nov-2005
The tenants appealed a refusal to adjourn the landlord’s claim for payment of his service charge until a decision on their counterclaim as to his refusal to allow alterations necessary to install central heating. The parties had been unable to find . .
Cited – McFaddens (A Firm) v Platford TCC 30-Jan-2009
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings.
Held: . .
Cited – Pritchard Joyce and Hinds (A Firm) v Batcup and Another CA 5-May-2009
Standard expected of negligence claim on counsel
The claimant solicitors sought contributory damages from counsel for failing to advise them of the applicable limitation period in an action they were conducting against other solicitors in negligence. Counsel now appealed saying that the judged had . .
Cited – Webb v Macdonald and Another ChD 29-Jan-2010
Defendant barrister and solicitors applied to have the claims against them for professional negligence struck out. They had advised on a settlement of a dispute, which settlement the claimant now said was negligently wrong.
Held: The advice . .
Cited – Kandola v Mirza Solicitors Llp ChD 27-Feb-2015
The claimant alleged professional negligence by the defendant solicitors who had acted for him in the purchase of a property. The deposit paid by the claimant had been lost after being paid to the seller’s solicitors as agents for the vendor. The . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 14 September 2022; Ref: scu.222205

Shaw and Another v Logue: Admn 13 Jan 2014

Appeals against orders striking the two appellant solicitors from the roll.
Held: Jay J said: ‘the duty requires a party to ‘. . disclose all facts which reasonably could or would be taken into account by the Judge in deciding whether to grant the injunction. It is no excuse to say that he was not aware of the importance of matters he has omitted to state’ . . Even more axiomatically, there is a separate duty arising at all times not to mislead the Court and, should the Court have been inadvertently misled, to correct that as soon as possible. These duties are prominent in the Solicitor’s Code of Conduct’. ‘

Judges:

Jay J

Citations:

[2014] EWHC 5 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Ahuja v Politika Novine I Magazini Doo and Others QBD 23-Nov-2015
Action for misuse of private information and libel. Application to have set aside leave to serve out of the jurisdiction. The defendant published a newspaper in Serbian, in print in Serbia and online. Though in Serbian, the claimant said that online . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 13 September 2022; Ref: scu.519792

Challinor and Others v Juliet Bellis and Co (A Firm): ChD 9 Dec 2011

Appeal against order granting summary judgement.

Judges:

Hildyard J

Citations:

[2011] EWHC 3249 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Challinor and Others v Juliet Bellis and Co and Another ChD 25-Feb-2013
. .
See Also – Challinor and 20 Others v Juliet Bellis and Co and Egan ChD 19-Mar-2013
The court considered the correct approach to the award of statutory interest.
Held: Hildyard J said: ‘As to (1), it seems to me that the Court’s overall approach in the authorities cited to me is to distinguish between (a) cases relating to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 13 September 2022; Ref: scu.449893

Parker Rhodes Hickmotts Solicitors v The Legal Services Commission: Admn 25 May 2011

The claimant firm of solicitors sought judicial review of the defendant’s refusal of the award of a contract for the provision of legal aid services in the fields of immigration and asylum law.

Judges:

McCombe J

Citations:

[2011] EWHC 1323 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 13 September 2022; Ref: scu.440575

Gebhard Stark v DAS Osterreichische Allgemeine Rechtsschutzversicherung AG: ECJ 26 May 2011

ECJ Legal expenses insurance – Directive 87/344/EEC – Article 4(1) – Freedom of the insured person to choose his lawyer – Limitation of the reimbursement allowed in respect of the costs relating to representation of the insured person in judicial proceedings – Reimbursement limited to the amount corresponding to that claimed by a lawyer established in the judicial district of the court having jurisdiction at first instance.

Judges:

Bonichot P

Citations:

C-293/10, [2011] EUECJ C-293/10

Links:

Bailii

Statutes:

Directive 87/344/EEC

Cited by:

Cited – Brown-Quinn and Another v Equity Syndicate Management Ltd and Another CA 12-Dec-2012
The court was asked as to the requirement for a client to be given free choice of a lawyer in the context of legal expenses insurance. The various claimants insured by the defendants had sought to instruct solicitors not on the respondent’s approved . .
Lists of cited by and citing cases may be incomplete.

European, Legal Professions

Updated: 13 September 2022; Ref: scu.440424

Mortgage Express v Sawali: ChD 22 Nov 2010

The claimant sought delivery up of files of the defendants’ predecessor solicitors practice relating to its matters and now in their possession. The defendant said it would be wrong to hand over entire files where the firm had also acted for lay clients in the same matter.

Judges:

Simoin Brown QC J

Citations:

[2010] EWHC 3054 (Ch), [2010] NPC 114, [2011] 7 EG 98, [2011] PNLR 11, [2010] EWHC B23 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Mai Judgment – Mortgage Express v Sawali SCCO 22-Nov-2010
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 13 September 2022; Ref: scu.440434

Phelps v Stewarts (A Firm) and Another: ChD 2 Jul 2007

The claimant sought damages for the negligent drafting of a deed of trust, saying that he had not been advised of a charge to tax which would arise. The defendant said that her duties were limited, and did not include advice on this point, having been asked to arrange a deed for a smaller sum which would not attract tax.
Held: The matter was governed principally by the scope of the retainer. The defendant failed on that point and was unable to point to confusion from the principal firm involved.

Judges:

Bernard Livesey QC

Citations:

[2007] EWHC 1561 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Clark Boyce v Mouat PC 4-Oct-1993
(New Zealand) No duty of wisdom is owed to client in full command of his faculties by a lawyer. If the client requires only action from his lawyer, that is what is required. Informed consent can be sufficient to allow a solicitor to act for two . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Cited – Pickersgill and Another v Riley PC 25-Feb-2004
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been . .
Cited – Minor v Groves CA 20-Nov-1997
The parties were neighbours, with houses adjacent to a right of way. Slabs had been laid next to the houses forming a raised pavement. The respondents had sought to enclose their area of this raised pavement, building a porch. They now appealed an . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 11 September 2022; Ref: scu.254489

Marsh v Sofaer and Another: ChD 25 May 2006

Judges:

David Richards J

Citations:

[2006] EWHC 1217 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Marsh v Sofaer and Another ChD 3-Dec-2003
The claimant had instructed the defendant firm of solicitors in civil proceedings. At a later time, she was prosecuted convicted and sentenced for criminal acts. She claimed that the defendant solicitor who had come to believe that she did not have . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 11 September 2022; Ref: scu.242305

In Re Nottingham Forest Plc: CA 19 Oct 2000

The petitioners, being shareholders in the company, sought disclosure of documents prepared by way of legal advice given anticipating possible litigation if a proposed restructuring of the company. No litigation being in hand, the advice was obtained by the directors with company funds in which the applicants had an interest, and so the advice was held by the directors as cestui que trust for the company as a whole. No legal privilege attached, and the documents were to be disclosed.

Citations:

Gazette 19-Oct-2000

Jurisdiction:

England and Wales

Citing:

Appeal from – CAS (Nominees) Ltd and Another v Nottingham Forest Plc and Others ComC 31-Jul-2000
Application for disclosure of documents. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Company

Updated: 11 September 2022; Ref: scu.82077

Gourand v Edison Gower Bell Telephone Co of Europe Ltd: ChD 1888

Shareholders in the defendant company challenged its claim to legal privilege. They argued that when the directors obtained the advice in question, they did so on behalf of the company as a whole, and that they could not, therefore, assert privilege in the advice as against the shareholders.
Held: The shareholders were entitled to discovery of the documents in question by analogy with the practice that applied in partnership cases (and those concerning trustees and beneficiaries) where advice had been obtained for the benefit of the partnership or trust estate. The rationale of such cases is that there is no distinction between the interests of the partnership and the individual partners and the trust and its beneficiaries.

Judges:

Chitty J

Citations:

(1888) 57 LJ Ch 498

Jurisdiction:

England and Wales

Cited by:

Cited – Ford, Regina (on The Application of) v The Financial Services Authority Admn 11-Oct-2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the . .
Lists of cited by and citing cases may be incomplete.

Company, Legal Professions

Updated: 10 September 2022; Ref: scu.460498

Mannesmann Aktiengesellschaft v Goldman Sachs International and Others: ChD 18 Nov 1999

Judges:

Lightman J

Citations:

[1999] EWHC 837 (Ch), [1999] All ER 1292, [1999] All ER (D) 1292

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Albion Plc v Walker Morris (A Firm) CA 19-Mar-2006
The court was asked whether defendant firm of solicitors should be prevented from acting for potential conflict of interest. They sought leave to appeal an order restraining them from acting. They had acted in two similar matters for the client . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 10 September 2022; Ref: scu.341200

D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005

(High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First respondent retained second respondent, a barrister, to appear for applicant at committal proceedings – Applicant pleaded guilty at committal proceedings but subsequently pleaded not guilty and stood trial – Evidence of guilty plea led at first trial – Applicant convicted but verdict quashed on appeal and new trial ordered – Applicant acquitted on retrial – Respondents alleged to have been negligent in advising applicant to plead guilty at committal – Advice allegedly tendered at a conference two days prior to committal proceeding and at a further conference on day of committal proceeding – Whether advocate’s immunity available to respondents – Whether advocate’s immunity applied in respect of advice allegedly given in conference.
Legal practitioners – Immunity from suit – Legal Profession Practice Act 1958 (Vic) – Barristers liable for negligence to same extent as solicitor as at 1891 – Extent of solicitor’s liability for negligence in 1891.
Courts – Judicial process – Judicial process as an aspect of government – Nature of the judicial process – The need for finality of judicial determination – Whether advocate’s immunity necessary to ensure finality of judicial process.
Courts – Abuse of process – Whether rules about abuse of process provide sufficient satisfaction of the finality principle – Nature of client’s complaint – Whether distinction exists between civil and criminal proceedings – Whether distinction to be drawn between challenging the final outcome of litigation and challenging an intermediate outcome.
High Court – Whether Giannarelli v Wraith (1988) 165 CLR 543 should be reconsidered – Relevance of statutory changes since Giannarelli v Wraith – Relevance of developments in common law in England and Wales – Relevance of experience in other jurisdictions.
Courts – Practice and procedure – Summary determination of action without trial – Whether claim revealed an arguable cause of action.

Citations:

[2005] HCA 12, (2005) 223 CLR 1, (2005) 214 ALR 92, (2005) 79 ALJR 755

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Jones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 08 September 2022; Ref: scu.431603

In Re Wiseman Lee (Solicitors) (Wasted Costs Order) (No 5 of 2000): CACD 5 Apr 2001

Where a court proposed a wasted costs order it was obliged by the regulations to hear the party against whom the order was sought. An order was made allowing the solicitors to make representations before a date, but the final order was made without having heard any representations, and the engrossed order made no reference to the steps taken, and was defective.

Citations:

Times 05-Apr-2001

Statutes:

Prosecution of Offences Act 1985 19A

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 07 September 2022; Ref: scu.82300

Baxendale-Walker v Middleton and Others: QBD 18 Apr 2011

The claimant alleged that the defendants, employed as regulators and otherwise of the solicitors profession had conspired to manufacture evidence against him. The defendants now sought to have the claim struck out.

Judges:

Supperstone QC J

Citations:

[2011] EWHC 998 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 07 September 2022; Ref: scu.432859

Ratiu, Karmel, Regent House Properties Ltd v Conway: CA 22 Nov 2005

The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the information to put in a higher offer himself. The claimant had dsitinguished between the appellants and their company. The judge judge had allowed a defence of qualified privilege, but the jury had found malice, after the judge directed that the defendants were not thenmselves the clients but their company was. The defendants appealed.
Held: The appeal succeeded. Where there were issues of trust and confidence between a solicitor, his client company and officers of that company, there was good reason to lift the corporate veil. That applied here, and allowed any defence of qualified privilege to attch to the appellants. ‘ a solicitor’s duty of confidentiality, it can come into its own as a separate obligation from that of a fiduciary when the fiduciary relationship has come to an end with the end of the solicitor/client relationship. ‘

Citations:

[2005] EWCA Civ 1302, Times 29-Nov-2005, [2006] 1 All ER 571

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Mentioned – Underwood, Son and Piper v Lewis CA 11-May-1894
Solicitors had declined to continue to act for their client before the litigation in which they were acting had been completed. They brought an action for the amount of their bill of costs for work done to date. The trial judge held that a solicitor . .
Cited – Bray v Ford HL 1896
An appellate court’s power to order a new trial is conditional on ‘some substantial wrong or miscarriage’ being established.
Lord Hershell said: ‘It is an inflexible rule of the court of equity that a person in a fiduciary position, such as . .
Mentioned – Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer CA 3-Jun-2004
The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm.
Held: Leave was refused. The appeal . .
Cited – Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm) ChD 2-Jun-2004
The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose.
Held: Though the . .
Cited – Donsland Limited v Nicholas Van Hoogstraton CA 2002
Once a transaction in respect of which the solicitor was retained is completed, the retainer comes to an end, and with it the fiduciary relationship between client and solicitor. . .
Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – Phipps v Boardman HL 3-Nov-1966
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to . .
Cited – Mothew (T/a Stapley and Co) v Bristol and West Building Society CA 24-Jul-1996
The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse . .
Cited – Hospital Products Ltd v United States Surgical Corporation 25-Oct-1984
High Court of Australia – A solicitor’s duty of loyalty to his client’s interest, and his duty to respect his client’s confidences, have their roots in the fiduciary nature of the solicitor-client relationship, but may have to be moulded and . .
Cited – Kelly v Cooper and Another PC 25-Nov-1992
There was a dispute between a client and an estate agent in Bermuda. The client sued the estate agent for damages for breach of duty in failing to disclose material information to him and for putting himself in a position where his duty and his . .
Cited – Longstaff and Another v Birtles and Others CA 26-Jul-2001
The claimants were clients of a firm of solicitors. At the suggestion of the solicitors, they entered into a partnership with the solicitors to run a hotel. No suggestion was made that they should seek independent advice. The business failed, and . .
Cited – R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm) 1983
The solicitor defendant knew that the company was a family company effectively run by Mr Witchell from whom they received their instructions. The question raised was as to the duty of the solicitor to company and director.
Held: There is no . .
Cited – Johnson v Gore Wood and Co (a Firm) CA 12-Nov-1998
The claimant had previously issued a claim against the defendant solicitors through his company. He now sought to pursue a claim in his own name. It was resisted as an abuse of process, and on the basis that no personal duty of care was owed to the . .
Cited – Minter v Priest CA 1929
An issue was whether conversations between a solicitor and his client relating to the business of obtaining a loan for the deposit on the purchase of real estate were privileged from disclosure.
Held: They were privileged. The were within to . .
Cited – Minter v Priest HL 1930
The House was asked whether a conversation between a person seeking the services of a solicitor in relation to the purchase of real property and the solicitor was privileged in circumstances where the solicitor was being requested to lend the . .
Cited – Schering Chemicals Ltd v Falkman Ltd CA 1982
The Defendants’ professional skills were engaged to present the plaintiff company in a good light, and an injunction was granted to restrain them from doing the opposite. Sach LJ said: ‘even in the commercial field, ethics and good faith are not to . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – Boulting v Association of Cinematograph, Television and Allied Technicians CA 1963
There must be a real conflict and not a theoretical conflict, before a solicitor can be restrained from acting in a matter against a former client. In order to give fully informed consent, the person entitled to the benefit of the rule must: ‘fully . .
Cited – Seager v Copydex Ltd CA 1967
Mr Seager had invented a patented carpet grip which he manufactured and marketed under the trade mark Klent. There were protracted negotiations between Mr Seager and Copydex over a proposal for Copydex to market the Klent. One of the issues in the . .
Cited – Erlanger v New Sombrero Phosphate Company HL 31-Jul-1878
Rescission needs Restitutio in Integrum
A syndicate, of which Erlanger (Orse Erlinger) was the head, purchased from an insolvent company an island, said to contain valuable mines of phosphates. Erlanger, who managed the purchase, prepared to get up a company to take over the island and . .
Cited – Specot v Ageda 1973
In matters relating to a breach of fiduciary duty, the matter is one of perception as well as substance. . .
Cited – United Pan-Europe Communications N V v Deutsche Bank Ag CA 19-May-2000
The claimant sought to prevent the misuse of what it said was its confidential information, identifying it by reference to specific documents in which it was said to be recorded.
Held: That was a sufficient description because the defendant . .
Cited – Gillick v Brook Advisory Centres and Another CA 23-Jul-2001
The claimant appealed after closing her action for an alleged defamation by the respondents in a leaflet published by them. She challenged an interim decision by the judge as to the meaning of the words complained of.
Held: The leaflet made . .
Lists of cited by and citing cases may be incomplete.

Defamation, Company, Legal Professions

Updated: 07 September 2022; Ref: scu.235981

Panesar (T/A Anami Law), Regina (on The Application of) v Crown Prosecution Service and Another: Admn 5 Apr 2011

Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud.

Citations:

[2011] EWHC 842 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8(1)

Jurisdiction:

England and Wales

Legal Professions, Police

Updated: 06 September 2022; Ref: scu.431755

Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007

Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers.
Held: The Society could proceed. ‘while the claim remains disputable, it is not established that the insured has suffered a loss. Once the claim is settled or adjudicated on, it is clear that he has suffered a loss because he has come under an indisputable obligation to pay. Although it might be said that the insured was always under an obligation to pay from the moment the cause of action arose, once the claim is agreed or adjudicated on that obligation acquires a different quality. It is only where there is an established obligation to pay that an indemnifiable loss comes into being and that the indemnity under the contract arises. ‘
The effect of bankruptcy was to remove the action against the bankrupt for the debt, not to remove the debt itself. Once admission of the debt in the bankruptcy is adequate establishment of the Law Society’s claim to give rise to indemnifiable loss and a claim under the policy, then the release of the bankrupt from the obligation to pay (or more accurately the remedy of payment) is irrelevant.

Citations:

[2007] EWHC 2841 (Ch), Times 20-Dec-2007, [2007] All ER 488, [2009] Ch 223, [2008] Lloyd’s Rep IR 442, [2007] BPIR 1595, [2008] Bus LR 1742, [2008] 3 WLR 1401

Links:

Bailii

Statutes:

Third Parties (Rights against Insurers) Act 1930, Solicitors Act 1974, Insolvency Act 1986 281(1)

Jurisdiction:

England and Wales

Citing:

Cited – Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’) HL 14-Jun-1990
The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses.
Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of . .
Cited – West Wake Price and Co v Ching 1957
A clerk employed by a firm of accountants defrauded two of the firm’s clients of andpound;20,000 over a period of about three years.
Held: One can not ‘pay’ a cause of action.
Devlin J said: ‘I think that the primary meaning of the word . .
Cited – Post Office v Norwich Union Fire Insurance Society Ltd CA 1967
A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of . .
Cited – Bradley v Eagle Star Insurance Co Ltd HL 1989
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under . .
Mentioned – Re Harrington Motor Co Ltd, Ex parte Chaplin 1928
A person injured in a road accident had obtained judgment for damages against the company, but had been unable to enforce the judgment before the company went into liquidation. The company’s motor insurers paid the amount of the judgment to the . .
Cited – Cox v Bankside Members Agency Ltd and Others QBD 27-Jan-1995
Some agents had policies against which there were likely to be various calls, either because several claims were being pursued against the same agents by different Lloyd’s Names, or because the policies were group policies covering several agents . .
Cited – Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd CA 29-Nov-2005
The claimant investors said that their financial adviser, the defendant insolvent company, had given them negligent advice. The action was brought as a preliminary to claiming against the defendant’s insurers under the 1930 Act, in the way made . .
Cited – First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration) CA 25-May-2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s . .
Cited – Heather and Son v Webb 1876
It was said that, after the discharge of the debtor from his bankruptcy, he had uttered a fresh promise to pay the debt. The court considered the proper construction of section 49 of the 1869 Act. Earlier statutes had made express provision making . .
Cited – Wight, Pilling, Mackey v Eckhardt Marine GmbH PC 14-May-2003
(Cayman Islands) An international bank went into liquidation in the Cayman Islands, with liabilities in Bangladesh. A new bank was created in Bangladesh, and the applicants sought to make the new bank liable, and through them the liquidators.
Cited – Osborne v Cole 1999
A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he . .
Cited – Shepherd v Official Receiver CA 7-Jun-2007
renewed application for permission to appeal . .
Cited – Supperstone v Hurst (No 3) 2006
. .

Cited by:

Cited – Parker and Another v SJ Berwin and Co and Another QBD 17-Dec-2008
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Insolvency, Insurance

Updated: 06 September 2022; Ref: scu.261779

Mitrinovski v The Former Yugoslav Republic Of Macedonia: ECHR 30 Apr 2015

ECHR Article 6-1
Impartial tribunal
Impartiality of tribunal in professional misconduct proceedings against a judge: violation
Facts – The applicant was a former judge who was removed from office by a decision of the plenary of the State Judicial Council (SJC) on 19 April 2011 that he had been guilty of professional misconduct. In his application to the European Court the applicant complained under Article 6 – 1 of the Convention that the SJC could not be considered to have been an ‘independent and impartial tribunal’ in the circumstances of his case.
Those circumstances were as follows: The applicant presided over a three-judge panel of a court of appeal which granted an appeal by a detainee against an order for pre-trial detention. That decision was overruled by a five-judge panel of the Supreme Court, presided over by Judge J.V. The criminal division of the Supreme Court, which also included Judge J.V., then found that two of the three court of appeal judges who had heard the detainee’s appeal had disclosed professional misconduct. It did not name the judges concerned. In his capacity as an ex officio member of the SJC Judge J.V. then submitted a request to the SJC to establish professional misconduct in respect of the applicant and one of the other court of appeal judges. Judge J.V. also formed part of the SJC plenary which subsequently declared the request admissible, set up an ad hoc Commission for the determination of the complaint of professional misconduct and initiated professional misconduct proceedings. He appeared as the complainant at the hearing before the ad hoc Commission and, following a report by the Commission recommending the applicant’s dismissal for professional misconduct, was a member of the plenary of the SJC which decided to remove the applicant from office. The applicant’s appeal to the Supreme Court Appeal Panel was dismissed.
Law – Article 6 – 1: Section 78(1) of the State Judicial Act 2010, which regulated professional misconduct proceedings against members of the judiciary, provided that any member of the SJC could ask that institution to establish professional misconduct on the part of a judge. In the applicant’s case, Judge J.V., who was the President of the Supreme Court at the time and an ex officio member of the SJC, had requested the initiation of proceedings after the criminal division of the Supreme Court, including Judge J.V., found unanimously that there had been professional misconduct by two judges in the court of appeal proceedings that had been presided over by the applicant. Although the criminal division did not name the judges concerned, it was obvious that the applicant was one of them, as confirmed by the SJC. In such circumstances, the European Court considered that the applicant had had legitimate grounds for fearing that Judge J.V. was already personally convinced that he should be dismissed for professional misconduct before that issue came before the SJC.
The ad hoc Commission established to conduct the misconduct proceedings was made up of five SJC members. At the hearing, Judge J.V. was able to submit evidence and arguments in support of the allegations against the applicant and had thus acted as a ‘prosecutor’. He then sat as an ex officio member of the plenary of the SJC which, following the Commission’s recommendation, decided to remove the applicant from office. In these circumstances, the European Court considered that the system in which Judge J.V., as a member of the SJC who had sought the impugned proceedings and subsequently taken part in the decision to remove the applicant from office, cast objective doubt on his impartiality when deciding on the merits of the applicant’s case.
Judge J.V.’s role in the proceedings thus failed both the subjective and objective impartiality tests. The fact that he was only one of fifteen members of the SJC could not, in the circumstances, lead to any other result.
Conclusion: violation (unanimously).
Article 41: EUR 4,000 in respect of non-pecuniary damage.

Citations:

6899/12 – Legal Summary, [2015] ECHR 482

Links:

Bailii

Statutes:

European Convention on Human Rights 6-1

Jurisdiction:

Human Rights

Human Rights, Legal Professions

Updated: 04 September 2022; Ref: scu.546889

Warren and Others v Attorney General of The Bailiwick of Jersey (Court of Appeal of Jersey): PC 28 Mar 2011

(Jersey) Lord Dyson criticised elements of the decision in R v Grant and said: ‘Nevertheless, the Board respectfully considers that the decision in R v Grant was wrong. The statement at para 54 suggests that the deliberate invasion of a suspected person’s right to legal professional privilege is to be assimilated to the abduction and entrapment cases where the balancing exercise will generally lead to a stay of the proceedings. The Board agrees that the deliberate invasion by the police of a suspect’s right to legal professional privilege is a serious affront to the integrity of the justice system which may often lead to the conclusion that the proceedings should be stayed. But the particular circumstances of each case must be considered and carefully weighed in the balance. It was obviously right to hold on the facts in R v Grant that the gravity of the misconduct was a factor which militated in favour of a stay. But as against that, the accused was charged with a most serious crime and, crucially, the misconduct caused no prejudice to the accused. This was not even a case where the ‘but for’ factor had a part to play. The misconduct had no influence on the proceedings at all. In these circumstances, surely the trial judge was entitled to decide in the exercise of his discretion to refuse a stay and the Court of Appeal should not have held that his decision was wrong.’

Judges:

Lord Hope, Lord Rodger, Lord Brown, Lord Kerr, Lord Dyson

Citations:

[2011] UKPC 10, [2011] 3 WLR 464, [2011] 2 All ER 513, [2012] 1 AC 22, [2011] 2 Cr App R 29

Links:

Bailii

Citing:

Criticised – Regina v Grant CACD 4-May-2005
The police had secretly and unlawfully recorded conversations between the defendant and his solicitor whilst he was in custody. The judge rejected a claim of abuse of process. He appealed his conviction for murder.
Held: The appeal was . .

Cited by:

Cited – Brown, Regina v CACD 29-Jul-2015
The claimant, a patient hld at Rampton Hospital faced charges of attempted murder of two nurses. His lwayers had asked for the right to see their client in private, but eth Hospital objected, insisting on the presence of two nurses at all times. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions, Police

Updated: 04 September 2022; Ref: scu.431375

Levy v Solicitors Regulation Authority: Admn 25 Mar 2011

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 Disciplinary Tribunal as of right, pursuant to section 49 of the Solicitors Act 1974. By section 49(4) this court ‘shall have power to make such order on an appeal under this section as it may think fit.’ An appeal from the Solicitors Disciplinary Tribunal to the High Court normally proceeds by way of review: See CPR rule 52.11(1). The court’s approach to such an appeal is set out in Law Society v Salisbury [2008] EWCA Civ 1285, [2009] 1 WLR 1286. There Jackson LJ (with whom Arden LJ and Sir Mark Potter agreed) said:
‘It is now an overstatement to say that ‘a very strong case’ is required before the court will interfere with the sentence imposed by the Solicitors Disciplinary Tribunal. The correct analysis is that the Solicitors Disciplinary Tribunal comprises an expert and informed tribunal, which is particularly well placed in any case to assess what measures are required to deal with defaulting solicitors and to protect the public interest. Absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal. Nevertheless if the High Court, despite paying such respect, is satisfied that the sentencing decision was clearly inappropriate, then the court will interfere.’
and ‘Law Society v Salisbury built on the seminal decision of Sir Thomas Bingham in Bolton v Law Society [1994] 1 WLR 512. It would require a strong case, said Sir Thomas Bingham MR, to interfere with a sentence imposed by a professional disciplinary committee. That body was best placed for weighing the seriousness of professional misconduct. The factors which weighed in mitigation before a criminal court were not to have the same weight before a disciplinary body because the most fundamental object was maintaining the standards of the profession rather than punishing the offender. Members of the public were ordinarily entitled to expect that a solicitor would be a person whose trustworthiness was not, and never had been, seriously in question. A profession’s most valuable asset was its collective reputation and the confidence it inspired.
The essential issue is the need to maintain among members of the public a well-founded confidence that any solicitor whom they instruct will be a person of unquestionable integrity, probity and trustworthiness. Thus it can never be an objection to an order of suspension in an appropriate case that the solicitor may be unable to re-establish his practice when the period of suspension is past. If that proves, or appears likely, to be so the consequence for the individual and his family may be deeply unfortunate and unintended. But it does not make suspension the wrong order if it is otherwise right. The reputation of the profession is more important than the fortunes of any individual member. Membership of a profession brings many benefits, but that is a part of the price.’

Judges:

Jackson LJ, Cranston J

Citations:

[2011] EWHC 740 (Admin), CO/12515/2010

Links:

Bailii

Statutes:

Solicitors Act 1974 49

Cited by:

Cited – Harris v The Solicitors Regulation Authority Admn 28-Jun-2011
The solicitor appealed against findings and orders regarding allegations of having failed to disclose to clients referral fees paid by him to third parties, and of having given misleading fees information.
Held: The appellant had admitted . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 September 2022; Ref: scu.431272

Pavlov And Famira v Ausschuss der Wien Rechtsanwaltskamme (External Relations): ECJ 17 Mar 2011

ECJ External relations – Association Agreement – Direct effect – National legislation excluding, before the accession of the Republic of Bulgaria to the European Union, nationals of Bulgaria’s entry on the roll of legal trainees – Prohibition of discrimination nationality – Concept of working conditions – Compatibility.

Citations:

C-101/10, [2011] EUECJ C-101/10

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – Pavlov And Famira v Ausschuss der Wien Rechtsanwaltskamme (External Relations) ECJ 7-Jul-2011
ECJ External relations – Association agreements – National legislation excluding, before the accession of the Republic of Bulgaria to the European Union, Bulgarian nationals from inclusion on the list of trainee . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 September 2022; Ref: scu.430720

Jr Jones Solicitors v Legal Services Commission: ChD 16 Dec 2010

The claimants sought a declaration to the effect that their failure to obtain an immigration contract following a tendering process for the carrying out of publicly funded work was unlawful.

Judges:

Purle QC J

Citations:

[2010] EWHC 3671 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Legal Aid

Updated: 03 September 2022; Ref: scu.430494

Jones v Geldards Llp: CA 21 Jul 2010

The appellant challenged an order for him to pay his former solicitors’ costs saying that they had conducted the case negligently in particular in having failed to advise him of the availability of legal aid.

Judges:

Lord Neuberger MR, Pill LJ, Richards LJ

Citations:

[2010] EWCA Civ 1614

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 03 September 2022; Ref: scu.430474

Law Society of England and Wales v Secretary of State for Justice and Another: QBD 26 Feb 2010

The Law Society said that the 2007 Act would involve the transfer of it employees working within the Legal Complaints Service to the new office for Legal Complaints and that the TUPE regulations would apply.

Judges:

Akenhead J

Citations:

[2010] EWHC 352 (QB), [2010] IRLR 407

Links:

Bailii

Statutes:

Legal Services Act 2007, Transfer of Undertakings (Protection of Employment) Regulations 2006

Jurisdiction:

England and Wales

Legal Professions, Employment

Updated: 02 September 2022; Ref: scu.401920

Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in the Virgin Islands and without assets within the jurisdiction. The solicitors had claimed for their costs in representing the claimant, and the claimant wished to counterclaim asserting professional negligence. The appellant filed papers showing the company’s dire financial condition, but the court considered it inadequate. The appellant had been incorporated in the British Virgin Islands and was owned by trustees on discretionary trusts for an unidentified but apparently wealthy family. The appellant had, so it said, no assets. But could it raise from its beneficial owners a sum equal to the judgment debt and costs in order to enable it to make the payment into court? If so, there was ‘a compelling reason’ within the meaning of Rule 52.9(2) for imposing the condition sought by the respondents.
Held: There was no risk of the appeal being stifled by the costs being paid. An order for security for costs was appropriate in the light of the applicant’s failure to disclose detailed assets. Here, leave to appeal had been refused, then granted by a single Lord Justice, and where compelling reason existed, the court could impose conditions on the appeal going ahead. The difficulty of enforcing any award, and failure of the claimant to give full disclosure, was such a compelling reason, and the court should exercise its discretion in ordering security for the judgement debt appealed against. The decision may have been different if the court had concluded that the appeal might be stifled. When considering a stay, the court should ask i) what were the risks of the appeal being stifled if a stay was refused, and ii) if a stay was granted, but the appeal failed, would the respondent be able to enforce the judgment, and iii) if the stay were refused and the appeal succeeded, but the order enforced in the interim what prejudice would attach to the appellants.

Judges:

Lord Justice Clarke, And, Mr Justice Wall

Citations:

[2001] EWCA Civ 2065, [2002] CP Rep 21

Links:

Bailii

Statutes:

Civil Procedure Rules 25.13(2)(b), 25.15(1), 52.9(1)(c)

Jurisdiction:

England and Wales

Cited by:

Applied – Moat Housing Group South Ltd v Harris and Another CA 17-Dec-2004
The Housing Association had obtained a possession order against the appellant family, who now sought a stay of execution pending their appeal.
Held: The presence of children in the house meant that the balance had to include consideration of . .
Cited – Prince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in . .
Criticised in part – Goldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .
Applied – Societe Generale SA v Saad Trading, Contracting and Financial Services Company and Another CA 23-May-2012
The Court was asked to determine applications by Societe Generale SA, which was the respondent to appeals which the two appellants had been permitted to bring against orders made against each of them for payment to the bank of US$49m. The first . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions, Civil Procedure Rules

Updated: 02 September 2022; Ref: scu.167218

Hughes v Kingston Upon Hull City Council: QBD 9 Nov 1998

The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for payment of legal fees on a contingency basis in a quasi-criminal matter (nuisance summons) remained unlawful, and a successful party was not able to claim indemnity against such costs.

Judges:

Rose LJ, Mitchell J

Citations:

Gazette 18-Nov-1998, Times 09-Dec-1998, [1999] QB 1193, [1998] EWHC 343 (QB), [1999] 2 All ER 49, [1999] 2 WLR 1229, (1999) 31 HLR 779, [1999] Env LR 579

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(1)(a) 82(12)

Jurisdiction:

England and Wales

Citing:

Distinguished – Thai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
Cited – Swain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .

Cited by:

Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Cited – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 02 September 2022; Ref: scu.145210

Ebert v Kamara C-359/09: ECJ 3 Feb 2011

ECJ (Freedom of Establishment) Lawyers – Directive 89/48/EEC – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 98/5/EC – Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained – Use of the professional title of the host Member State – Conditions – Registration with the Bar Association of the host Member State.

Citations:

[2011] EUECJ C-359/09

Links:

Bailii

Statutes:

Directive 89/48/EEC

Jurisdiction:

European

Legal Professions

Updated: 01 September 2022; Ref: scu.428492

Secretary of State for Justice v Slee: CA 24 Jan 2011

The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement compensation under the 1978 Regulations. On remittal of the case, they had found in her favour. The Secretary’s appeal had failed and he now appealed against that decision. The issue was whether the claimant’s position with the Magistrates Court was such that on her dismissal, she fell entitled to claim compensation under the 1978 Regulations. The Secretary of State argued that, in effect, her role was administrative.

Judges:

Pill, Arden, Jackson LLJ

Citations:

[2011] EWCA Civ 23

Links:

Bailii

Statutes:

Justices of the Peace Act 1949 (Compensation) Regulations 1978 3, Maternity and Parental Leave etc Regulations 1999 10

Jurisdiction:

England and Wales

Citing:

Appeal from – Secretary of State for Justice v Slee (2) Admn 22-Jan-2010
The claimant had been unfairly dismissed from her position as justices’ clerk. After appeal her additional claims for retirement and other compensation under the 1978 Regulations had been remitted to the Employment tribunal which had reconsidered . .
See Also – Secretary of State for Justice v Slee EAT 19-Jul-2007
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
Cited – Dobie v Burns International Security Services (UK) Ltd CA 14-May-1984
The employee worked as a security officer for the appellant, which was in turn employed by the respondent to provide security for an airport controlled by the Merseyside City Council. The Council had the right of approval of any employee of the . .
Cited – Berkshire and Oxfordshire Magistrates’ Courts v Gannon and Another QBD 10-May-2000
The applicants had been employed on the administrative staff of a Magistrates’ Court, spending 25-40% of their working day performing duties delegated to them by the clerk to the justices. The Tribunal held that, as an ‘appreciable’ part of their . .
Cited – Bowden v Northamptonshire Magistrates Court Committee and Another CA 16-Feb-1993
B was appointed by NMCC as ‘Chief Executive to the MCC’.
Held: He was not to be ’employed in assisting’ a JC within the meaning of the Regulations. On appointment as Chief Executive, B ceased to be a JC, and became an employee of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Legal Professions

Updated: 01 September 2022; Ref: scu.428228

Clifford Harris and Co v Solland International Ltd and others: ChD 3 Nov 2004

The claimant solicitors sought their costs from the defendant former clients. They now applied for orders under section 73 of the 1974 Act to have them settled from the proceeds of their litigation now held by another firm of solicitors now acting for the defendants.

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 2488 (Ch)

Links:

Bailii

Statutes:

Solicitors Act 1974 73

Jurisdiction:

England and Wales

Citing:

Cited – Pepin v Taylor CA 10-Oct-2002
The claimant and defendant claimed defamation of each other in cross claims as to postings made on internet newsgroups messages. Mr P said that the defendant had not been identified in the defamation alleged against Mr P. The defendant had been . .
See Also – Clifford Harris and Co v Solland International Ltd and others ChD 12-Feb-2005
The solicitor claimants had represented the defendants in litigation. The defendant’s owners had given the firm a second charge on their property to secure their costs. The sums recovered were exceeded by the costs. The solicitors sought to exert a . .

Cited by:

See Also – Clifford Harris and Co v Solland International Ltd and others ChD 12-Feb-2005
The solicitor claimants had represented the defendants in litigation. The defendant’s owners had given the firm a second charge on their property to secure their costs. The sums recovered were exceeded by the costs. The solicitors sought to exert a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 01 September 2022; Ref: scu.219161

Harry Lee Wee v The Law Society of Singapore: PC 3 Dec 1984

(Singapore) The principles of autrefois acquit applied to professional disciplinary proceedings. Lord Bridge said: ‘No one would dispute that the doctrine of autrefois convict and acquit is applicable to disciplinary proceedings under a statutory code by which any profession is governed.’

Judges:

Lord Bridge

Citations:

[1984] UKPC 50, [1985] 1 WLR 362, [1984] UKPC 50

Links:

Bailii, Bailii

Cited by:

Cited – Coke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales SC 19-Jan-2011
The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Legal Professions

Updated: 31 August 2022; Ref: scu.428061

Zurich Professional Ltd v Brown and Another: ChD 16 Dec 2010

The court was asked whether a particular professional indemnity policy covered any and if so which actionable defaults committed by a solicitor in the course of administering deceased estates.

Citations:

[2010] EWHC 3300 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Insurance

Updated: 31 August 2022; Ref: scu.427293

Regina v Wishart: CACD 2005

The defendant had relied on an alibi not advanced in police interviews. He had put in evidence the fact that he had had legal advice not to answer questions but had not adduced any evidence of the contents of or reasons for that advice. The Crown asked whether he had told any of his legal advisers what he was now saying. He was not told that he did not have to answer that question. On his answer, the court ordered disclosure of the solicitor’s entire file.
Held: The defendant had done nothing to waive privilege. The procedure adopted was wrong: ‘It could be argued that in such circumstances what a defendant says to his solicitor is a privileged communication and that he waives privilege in that communication by volunteering that he has made it. But that is not what this court has said in the three cases to which we have referred which have not been doubted in any more recent cases where the earlier decisions have been followed. Even if we thought that there was some reason to doubt this well-established line of authority, we are bound to follow it.’

Citations:

[2005] EWCA Crim 1337

Jurisdiction:

England and Wales

Cited by:

Cited – Seaton v Regina CACD 13-Aug-2010
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 29 August 2022; Ref: scu.421563

AMB Generall Holding AG v Manches and others: CA 10 Nov 2005

The claimants sought damages for breach of warranty of authority againts the defendant solicitors who had named their corporate client when pursuing a claim, even though the corporation had ceased to exist.
Held: The solicitors were not liable. He warranted that he had a client who wished to pursue the claim, not specifically that he had named it correctly.

Judges:

Buxton, Tuckey, Maurice Kay LJJ

Citations:

Times 01-Dec-2005, [2005] EWCA Civ 1237, [2006] 1 WLR 2276

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 29 August 2022; Ref: scu.237475