Category: Legal Professions

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 had been refused, and the authority’s witness attended with counsel. The solcitors said that this had been a mistake, but of not sufficient seriousness to justify a wasted costs order.
Held: The appeal succeeded. The real fault lay in not having a system within the office to deal with urgent faxes arriving in the absence of the firm’s principal: ‘We think it was an error but to characterise it as a ‘serious error’, or more importantly ‘serious misconduct’, in our judgment, went too far. Accordingly this appeal is, for that reason, allowed.’

Judges:

Sir Anthony May P, Simon, Blake JJ

Citations:

[2008] EWCA Crim 3085

Links:

Bailii

Statutes:

Costs in Criminal Cases Regulations 1991 39c), Prosecution of Offences Act 1985 19B

Legal Professions

Updated: 24 July 2022; Ref: scu.341707

Hayes v The Law Society: Admn 12 May 2004

Appeal under section 49 of the Solicitors Act 1974 from the refusal of the Solicitors’ Disciplinary Tribunal to make an order for costs in his favour against the Law Society following the dismissal by them of two allegations of conduct unbefitting a solicitor. Those allegations were (i) that he included charges and disbursements in bills that he knew, or ought to have known, could not be justified; and (ii) that he provided misleading information to a client.

Citations:

[2004] EWHC 1165 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 24 July 2022; Ref: scu.197832

In Re A Debtor (No 88 of 1991): ChD 2 Dec 1992

A solicitor may issue a statutory demand for the payment of his untaxed bill before the one month has expired following its delivery. Sir Donald Nicholls V-C said: ‘The possibility that the amount of the bills might be reduced on a taxation which has still not been initiated is not a sufficient reason in this case for setting aside the demand.’

Judges:

Sir Donald Nicholls V-C

Citations:

Gazette 02-Dec-1992, [1993] Ch 286

Statutes:

Solicitors Act 1974 69

Jurisdiction:

England and Wales

Legal Professions

Updated: 24 July 2022; Ref: scu.81671

In Re A Debtor (No 1594 of 1992): ChD 20 Nov 1992

A one-sided term inserted into a contract between solicitors and their clients by the solicitors was to be construed against the solicitors and in the client’s favour where any ambiguity allowed this. The contra preferentem rule was to be applied.

Judges:

Knox J

Citations:

Times 08-Dec-1992

Jurisdiction:

England and Wales

Citing:

Cited – Lep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 24 July 2022; Ref: scu.81652

In Re A Firm of Solicitors: ChD 9 May 1995

A solicitor moving from a firm acting on one side of a dispute to the firm on the other side must be able to show that no conflict of interest would arise. The court should intervene unless it is satisfied that there is no risk of disclosure. It goes without saying that the risk must be a real one, and not merely fanciful or theoretical. But it need not be substantial. Lightman J stated that in a ‘previous relationship’ case, in the ordinary course a court will grant an injunction restraining the solicitor acting.
Lightman J said: ‘The law regulating the freedom of a solicitor who, or whose firm, has at one time acted for a client subsequently to act against that client reflects the need to balance two public interests. First there is the interest in the entitlement of that client to the fullest confidence in the solicitor whom he instructs and for this purpose that there shall be no risk or perception of a risk that confidential information relating to the client or his affairs acquired by the solicitor will be disclosed to anyone else . . Second there is the interest in the freedom of the solicitor to obtain instructions from any member of the public, and of all members of the public to instruct such solicitor, in all cases where there is no real need for constraint; there must be good and sufficient reason to deprive the client of the solicitor or the solicitor of the client of his choice.’

Judges:

Lightman J

Citations:

Times 09-May-1995, Independent 16-May-1995, [1997] Ch 1, [1995] 3 All ER 482

Jurisdiction:

England and Wales

Citing:

Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .

Cited by:

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 – RTZ Pension Property Trust Ltd v ARC Property Developments Ltd and Asfa Limited CA 26-Nov-1998
Where a plaintiff discontinued his action, but still sought costs from the defendant, he had to show some misconduct by the defendant, such as encouraging the action by concealment of a defence. A mere late amendment causing no loss was not . .
Cited – Davies v Davies CA 4-Mar-1999
The marriage was unhappy. The wife consulted briefly but did not instruct a solicitor, Mr Tooth. Some 7 years later as divorce proceedings were considered, the husband did instruct Mr Tooth. She sought to prevent him acting, but then wanted to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 24 July 2022; Ref: scu.81675

Lediaev v Vallen: CA 5 Mar 2009

Judges:

Sir Andrew Morritt Ch, Smith, Aikens LJJ

Citations:

[2009] EWCA Civ 156

Links:

Bailii

Statutes:

Solicitors Act 1974 22

Jurisdiction:

England and Wales

Citing:

Approved – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000
The parties disputed the construction of a clause in the contract between them.
Held: Chadwick LJ said: ‘It is not for party who relies upon the words actually used to establish that those words effect a sensible commercial purpose. It should . .
Appeal from – Lediaev v Vallen ChD 24-Apr-2008
. .

Cited by:

Cited – Pink Floyd Music Ltd and Another v EMI Records Ltd CA 14-Dec-2010
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
Lists of cited by and citing cases may be incomplete.

Contract, Legal Professions

Updated: 23 July 2022; Ref: scu.317902

Bilkus v Stockler Brunton (A Firm): SCCO 11 Nov 2008

Master Gordon-Saker refused to permit the Solicitors to substitute their proposed amended bill, on the ground that he could not be satisfied that the error in describing the claim for andpound;50,000 as an uplift in relation to all the work that they had carried out for Mr Bilkus, including their work in and for the purposes of the proceedings in the Chancery Division, was an error.

Judges:

Master Gordon-Saker

Citations:

[2008] EWHC 90118 (Costs)

Links:

Bailii

Cited by:

Appeal from – Bilkus v Stockler Brunton (A Firm) ChD 30-Jul-2009
The court upheld the refusal of the master to allow the claimant solicitors to submit an amended bill: ‘In his oral submissions, Mr Stockler . . frankly acknowledged that he had been in error in supposing that it was possible to charge an uplift for . .
Master’s Decision – Bilkus v Stockler Brunton (A Firm) CA 16-Feb-2010
Solicitors appealed against the rejection of their claim for an uplift in their fees amounting to andpound;50,000, based on the value element in the transaction in the 1994 Order. The court had to decide whether the matter came under the rules as a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 23 July 2022; Ref: scu.316666

Birmingham City Council v Crook and others: QBD 19 Jun 2007

Irwin J considered the enforceability of a conditional fee agreement in a test series of housing disrepair cases, recorded that he had been told that this Council almost always lost such claims brought against them, and had evidence about the availability of legal aid.

Judges:

Irwin J

Citations:

[2007] EWHC 1415 (QB)

Links:

Bailii

Cited by:

Cited – Birmingham City Council v Lee CA 30-Jul-2008
Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 23 July 2022; Ref: scu.296293

Bristol and West Building Society v Fancy and Jackson and similar: ChD 1 Jul 1997

The solicitor defendants (and others) had acted for both the lender and the borrower. Under their retainer they were required to notify the lender of any matters which might prejudice its security. The solicitors failed in one case to report that they did not have an official search certificate, in another case to report circumstances that suggested that the true price was lower than the basis on which the advance was made, and in a third case to report circumstances which might have suggested the need for a further valuation.
Held: in three of the eight cases the lender would have refused to proceed if the solicitor had complied with its duty to report some relevant fact. These were accordingly ‘no transaction’ cases. In the second case (Steggles Palmer) the solicitor was responsible for all the consequences of the borrower entering the transaction, because the lender, if it had known what it should have known, would have been unwilling to lend to that borrower at all; and in the third case (Colin Bishop), the solicitor should be liable only for what any further valuation would have shown was the extent of the overvaluation concerned, a matter yet to be adjudicated.
Chadwick J said: ‘In circumstances where the lender and the borrower instruct separate solicitors, I am not persuaded that a competent solicitor, acting for the lender, would be acting unreasonably if he accepted from the borrower’s solicitor a mortgage deed which appeared on its face to have been executed by the mortgagors and witnessed. If there was nothing irregular on the face of the document the lenders’ solicitor would be entitled to accept it without question. He would not be required to enquire into the circumstances in which it was executed. But – and this is, of course, an important safeguard – the lender would have the benefit of the implied warranty of authority given by the borrowers’ solicitor that he has the authority of the borrowers to complete the mortgage by delivering the mortgage deed – see the judgments of the Court of Appeal in Penn v Bristol and West . . I can see no reason why the position should be different in the circumstances that the same solicitor acts for both the lender and the borrowers. I do not hold that the duty of the solicitor, as solicitor for the lender, is increased by the fact that he acts also for the borrowers: but, equally, I can see no reason why, as solicitor for the borrowers, he should not be taken to warrant to the lender that he is acting for them in the transaction with their authority. That does not, necessarily, mean that that he is warranting that the signature on the mortgage deed is authentic; but it has much the same effect.’
and: ‘The fundamental reason why a person, purporting to act as agent for another would normally be deemed to have warranted his authority so to act is to ensure that any person dealing with the supposed agent is protected against the risk that he does not have the authority which he claims. The supposed agent will normally know whether he has the authority which he claims, or the ability to determine whether he has such authority; whereas any party dealing with him will not. So it is only right that the risk of lack of authority should be borne by the agent by way of an implied warranty. That risk normally manifests itself in the fact that, if the agent does not, in truth, have the authority which he claims, the other party will be deprived of any effective redress against the assumed principal. In such circumstances, the warranty of authority will give equivalent redress against the agent. This appears to have been a major consideration in the emergence and development of the doctrine. But its application is not limited to cases where a transaction entered into in reliance on the supposed authority of the agent was with the alleged principal himself. That is demonstrated by a number of reported cases, most recently Penn . . But I nonetheless agree with Mr Berkley that the core problem sought to be addressed by the imposition of a warranty of authority is whether the person acting as agent did or did not have authority so to act.’
However: ‘On the other hand, a person acting on behalf of another will not normally be deemed to warrant any particular attributes of his principal or any other aspects of the transaction in which he claims to be acting on his behalf’

Judges:

Chadwick J

Citations:

[1997] 4 All ER 582

Jurisdiction:

England and Wales

Cited by:

Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Agency, Legal Professions

Updated: 23 July 2022; Ref: scu.569932

Hammonds (A Firm) v Pro-Fit USA Ltd: ChD 17 Aug 2007

The claimant solicitors sought the winding up of its defendant company client for non-payment of fees including fees not yet delivered. The court refused to hold that the practices developed in relation to winding up should be imported into administration. The court considered what was meant by ‘creditor’. Warren J said: ‘a person is a ‘creditor’ within paragraph 12(1)(c) Schedule B1 so long as he has a good arguable case that debt of sufficient amount is owing to him (to adopt the words of Lord Denning in Claybridge Shipping). Thus, even in the case of a disputed debt, such a person may make an application for an administration order. It is then a matter for the discretion of the court whether actually to make an administration order. The court has jurisdiction to deal with the application without having to resolve the dispute about the debt.’

Judges:

Warren J

Citations:

[2007] EWHC 1998 (Ch), [2008] 2 BCLC 159

Links:

Bailii

Statutes:

Insolvency Act 1986

Jurisdiction:

England and Wales

Citing:

See Also – Hammond (A Firm) v Pro-Fit USA Ltd ChD 28-Jun-2007
Application for disclosure of documents. . .

Cited by:

Cited – Corbett v Nysir UK Ltd ChD 31-Oct-2008
The applicant, a substantial creditor of the respondent sought the appointment of his agents as administrators. The respondent denied that it was insolvent, and claimed a set off as reason for non payment of its loan notes.
Held: The claimant . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Insolvency

Updated: 21 July 2022; Ref: scu.259428

Bevan Ashford v Geoff Yeandle (Contractors) Ltd (In Liquidation): ChD 23 Apr 1998

A conditional fee agreement allowing 50 per cent uplift for case being conducted before arbitrator was not unlawful as champerty, even though it was outside range of the proceedings listed for such arrangements.

Citations:

Times 23-Apr-1998, Gazette 28-May-1998

Statutes:

Courts and Legal Services Act 1990 58

Jurisdiction:

England and Wales

Legal Professions

Updated: 21 July 2022; Ref: scu.78377

Nicholas Drukker and Co v Pridie Brewster and Co: QBD 12 Dec 2005

The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of costs but went to the heart of the retainer.

Judges:

Openshaw J

Citations:

[2005] EWHC 2788 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974 70

Jurisdiction:

England and Wales

Cited by:

Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 21 July 2022; Ref: scu.278575

Sprecher Grier Halberstam Llp and Another v Walsh: CA 3 Dec 2008

Ward LJ said: ‘a man cannot be deceived if he knows the truth’

Judges:

Ward, Moore-Bick, Rimer LJJ

Citations:

[2008] EWCA Civ 1324, [2009] CP Rep 16, [2009] Lloyd’s Rep PN 58

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Myers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .

Cited by:

Cited – Hayward v Zurich Insurance Company Plc CA 31-Mar-2015
The claimant sought damages alleging his back had been injured at work. The insurers accepted liability but said that the claimant had exaggerated the extent of his injury. The claim was settled, but later a neighbour of the claimants said that the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 21 July 2022; Ref: scu.278410

Regina v Master of Rolls ex parte Mckinnell: QBD 16 Sep 1992

The Law Society may appeal against a decision of the disciplinary tribunal.

Citations:

Gazette 16-Sep-1992, [1993] 1 WLR 88

Statutes:

Solicitors Act 1974 49(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor v The Law Society CA 1-Nov-2005
‘the SDT should not give orders or directions to the Law Society. It should decide what, if any, conditions should be imposed and if it decides that conditions should be imposed it should impose them pursuant to its wide powers ‘to make such order . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 21 July 2022; Ref: scu.87293

Law Society v Salsbury: CA 25 Nov 2008

The Society appealed against an order quashing the striking-off of the solicitor.
Held: Bolton was still the leading case though the solicitor must be given an opportunity for a fair trial. Though it was not necessary to show a very strong case before overturning a decision of a professional tribunal, the court must give it approriate respect. Here the tribunal had made no error of law, and had an evidential basis for its conclusions. The High Court had been wrong to interfere with the decision.
There exists a ‘very small residual category where striking off is not appropriate’ for dishonesty in a solicitor.
Jackson LJ 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.’

Judges:

Sir Mark Potter, President, Lady Justice Arden and Lord Justice Jackson

Citations:

[2008] EWCA Civ 1285, Times 15-Jan-2009, [2009] 2 All ER 437, [2009] 1 WLR 1286

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Citing:

Cited – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .

Cited by:

Cited – Solicitors Regulation Authority v Dennison Admn 22-Feb-2011
The Authority appealed against the sentence imposed on the respondent by the Soicitoirs Discipinary Tribunal. He had been found to have taken undisclosed referral fees in personal injury litigation giving rise to conflicts of interest and to have . .
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 . .
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, if small, withdrawals of residual balances from client . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights

Updated: 19 July 2022; Ref: scu.278249

White v Withers Llp and Another: QBD 19 Nov 2008

The claimant sought damages. The defendant firm of solicitors had represented the claimant’s wife in matrimonial procedings, and had used in evidence documents which the claimant said had been taken from him and were confidential.
Held: The claim was struck out. Any claim would be for nominal damages only, but was struck out for disclosing no cause of action.

Judges:

Eady J

Citations:

[2008] EWHC 2821 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Hildebrand v Hildebrand 1992
The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after . .

Cited by:

Cited – White v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Intellectual Property

Updated: 19 July 2022; Ref: scu.277903

Brangam, Re Judicial Review: QBNI 10 Sep 2008

Application for judicial review of the decision of the Law Society of Northern Ireland in exercise of its power of attorney for George Brangam, solicitor, to convey to the Law Society of Northern Ireland, as Trustees of the Solicitors Compensation Fund, as mortgagee, the interest of George Brangam in the premises held as joint tenants by George Brangam and the applicant.

Judges:

Weatherup J

Citations:

[2008] NIQB 92

Links:

Bailii

Northern Ireland, Legal Professions

Updated: 19 July 2022; Ref: scu.277784

Dix v Townend and Another: SCCO 30 Jun 2008

The paying party complained that the agreement as to costs of the payee included an indemnity to be given against (potentially) a very large sum, and was champertous.
Held: Deputy Master Victoria Williams said: ‘It is not said in this case that there was any actual interference with justice . . I very much regret that I am of the view that, having considered the matters above, this agreement would to an unacceptable degree tend to create the sorts of temptations with which the public policy is concerned, and accordingly I must declare it unenforceable. Although this agreement has some features which are in the interests of justice, the nature of this particular indemnity clause being a broad, uncapped, potentially large liability apparently unsupported by a fund or insurance policy, triggered upon the loss of the case whatever the cause, places the solicitor in the position of having too much at stake.’ and ‘It would be unrealistic to expect a solicitor to keep a clear eye and an unbiased judgment, and to maintain that proper distance from the client and the litigation which it his duty to maintain, when the pressure mounts and ethical decisions are needed the consequences of which for the solicitor may be substantial personal liability under this clause.’

Judges:

Deputy Master Victoria Williams

Citations:

[2008] EWHC 90117 (Costs)

Links:

Bailii

Cited by:

Cited – Morris and Another v London Borough of Southwark QBD 5-Feb-2010
The residential tenant claimant sought damages from her council for failure to repair her flat. The counciil now objected to being asked to pay her costs, saying that the agreement with her solicitors was champertous, being a Conditional Fee . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 19 July 2022; Ref: scu.277367

Sibley and Co v Reachbyte Ltd and Another: ChD 4 Nov 2008

Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a complicated case. Counsel had approached the case avidly, and the solicitors had failed to restrain him. The respondents had been right in challenging the fees. The appeal was dismissed.

Judges:

Peter Smith J

Citations:

[2008] EWHC 2665 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – EPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Mentioned – Environmental Technologies Inc (EPI) and Another v Symphony Plastic Technologies Plc and Another CA 26-Jan-2006
Alleged breach of trade secrets. . .
Cited – Eagil Trust Co Ltd v Pigott-Brown CA 1985
There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. When dealing with an application in chambers to strike out for want of prosecution a judge should give his reasons in . .
Cited – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – Biogen Plc v Medeva Plc HL 31-Oct-1996
The claim patented sought to protect a genetic molecule rather than a whole mouse namely that the molecule would, if inserted into a suitable host cell, cause the cell to make antigens of the Hepatitis B virus. A recombinant method of making the . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Cited – Griffiths v Evans CA 1953
The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a . .
Cited – Gray and Another v Buss Merton (a firm) 1999
Rougier J said: ‘It must, surely, be up to the solicitor to take the appropriate steps to clarify precisely the extent of his retainer, and this, sadly, Mr Lightfoot failed to do when, in my judgment, the circumstances demanded that he should. This . .
Cited – Nicholas Drukker and Co v Pridie Brewster and Co QBD 12-Dec-2005
The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 19 July 2022; Ref: scu.277397

Regina v Langford: CACD 12 Jan 2001

Counsel for the defence, as well as counsel for the prosecution have a duty to assist the judge with the law in his summing up. It was no longer appropriate, if it ever had been, to note an error say nothing, and later to appeal. The duty was shared.

Citations:

Times 12-Jan-2001

Jurisdiction:

England and Wales

Criminal Practice, Legal Professions

Updated: 19 July 2022; Ref: scu.87118

Law Society of England and Wales v Isaac and Isaac International Holdings Ltd and Others: ChD 7 Jul 2010

Judges:

Norris J

Citations:

[2010] EWHC 1670 (Ch), [2010] NPC 77, [2011] WTLR 425

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Royal Brunei Airlines SDN BHD v Tan PC 24-May-1995
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective . .
Cited – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
Cited – Bank of Credit and Commerce International (Overseas) Ltd and Another v Akindele CA 22-Jun-2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Crime

Updated: 19 July 2022; Ref: scu.420392

Balli (Also Known As Ravinder Singh), Re Contempt of Court: ChD 1 Jul 2011

Mr Ballie, a former solicitor, was found guity of contempt in the face of the court and sentenced to six months imprisonment. It was said that he had continued to call himself a solicitor and had so practised after he had been struck from the Roll of Solicitors.

Judges:

Simon Barker QC J

Citations:

[2011] EWHC 1736 (Ch)

Links:

Bailii

Statutes:

Criminal Justice Act 2003 258(2)

Jurisdiction:

England and Wales

Cited by:

Sentence imposed – Balli, Re Contempt of Court Act 1981 (No. 2) ChD 15-Jul-2011
The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt.
Held: The sentence had been imposed as punishment and not to seek to . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Legal Professions

Updated: 19 July 2022; Ref: scu.441509

Bank of Montreal v Stuart: PC 1911

The court used the phrase ‘immoderate and irrational’ to describe the character of a transaction which might of its nature suggest undue influence. A solicitor who is advising a client about a transaction and has reason to suspect that the client is the victim of undue influence is placed under a duty to the client to try and protect her.
The relationship of husband and wife did not as a matter of law raise a presumption of undue influence.

Judges:

Lord Macnaghten

Citations:

[1911] AC 120

Jurisdiction:

Canada

Cited by:

Cited – Barclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .
Cited – Brown v Stephenson ChD 23-Aug-2013
The claimant sought to have set aside transfers and declarations of trust made by her in the defendant’s favour, saying that they had been given under his undue influence taking advantage of her dyslexia, and by bullying.
Held: The claims of . .
Lists of cited by and citing cases may be incomplete.

Banking, Undue Influence, Legal Professions

Updated: 18 July 2022; Ref: scu.180571

Dadourian Group International Inc and others v Simms and others: ChD 25 Jul 2008

Applications arising from disclosure of documents

Judges:

Patten J

Citations:

[2008] EWHC 1784 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Omar’s Trustees v Omar ChD 2000
A wife and mistress (D) had conspired, after the death of the husband, to remove money in bank accounts from his estate by taking the bearer shares in the company in whose name the accounts were held. The first action, in which D was legally . .

Cited by:

Appeal from – Dadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 18 July 2022; Ref: scu.271298

Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad: CACD 30 Jul 2008

The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen to the funds. The solicitors had not yet delivered an account. The court had said it had no jurisdiction to alter the order to allow the fees to be used in this way. The solicitors said that the client no longer had any beneficial interest in the money.
Held: The solicitors were free to deliver an account and to apply the fees in payment of it.
Toulson LJ said: ‘the andpound;5000 was paid and received for a single identified purpose, namely payment of Irwin Mitchell’s fees as and when they had earned them. If they had used the fund for any other purpose, without Mr Allad’s informed consent, they would have committed a breach of trust. And until they had earned that level of fees, they were bound to hold the money on Mr Allad’s behalf. Once they had earned that amount in fees, the value of Mr Allad’s interest in the fund was reduced to nil. In order to protect a client from a solicitor transferring funds from the solicitor’s client account to office account in payment of his fees when such fees have not been properly incurred, the Solicitors Account Rules prescribe the steps which the solicitor must take. Those provisions govern the means of exercise of the solicitors’ contractual right to payment from the fund, which arose from the agreement and the work done. The bill, if properly served, reflects the solicitors’ entitlement to payment by virtue of the work done. Once they were entitled to payment of that sum, Mr Allad’s ‘interest’ in the relevant account became literally nominal; that is to say, the account bore his name, but he no longer had any interest of substance in it. It is important to distinguish between substance and form.’
The RCPO’s argument as to how a firm might aid and abet a criminal were not to the point. The sum requested and prospective bill were proper.

Judges:

Toulson LJ, Jack J

Citations:

[2008] EWCA Crim 1741, [2009] 3 All ER 530, [2009] 1 Cr App R 284, [2009] 1 WLR 1079

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 40 41, Solicitors Account Rules 1998 19(2)

Jurisdiction:

England and Wales

Citing:

Cited – Loescher v Dean ChD 1950
The plaintiff sought specific performance, and obtained an order that the defendant vendor should convey the property to him on the payment for it. The plaintiff paid the sum to the defendant’s solicitors, who paid it into their client account. The . .
Cited – The Serious Fraud Office v Lexi Holdings Plc CACD 10-Jul-2008
Application was made for the variation of a restraint order made under the 2002 Act to enable payment to be made to a judgment creditor in advance of any confiscation order being made, or indeed before any criminal charges had even been preferred. . .
Cited – HM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
Cited – Twinsectra Ltd v Yardley and Others HL 21-Mar-2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach.
Held: ‘Money in a . .
Cited – Re K (Restraint Order) 1990
An order under the Act prohibited K from disposing of his assets, including a deposit account with the bank. K had an overdraft facility secured against the deposit account. The bank sought to set off the overdraft against the sums held on deposit. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 18 July 2022; Ref: scu.271268

Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008

The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974.
Held: In the context of the panel solicitor’s agreement in question, ‘remaining liability’ imported something which was enforceable. The creditor had no right of recovery against the solicitors.

Judges:

Lawrence Collins LJ

Citations:

[2008] EWCA Civ 841, [2009] CCLR 4

Links:

Bailii

Statutes:

Consumer Credit Act 1974

Jurisdiction:

England and Wales

Cited by:

Cited – McGuffick v The Royal Bank of Scotland Plc ComC 6-Oct-2009
Requirements for Enforcing Consumer Loan Agreement
The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Consumer

Updated: 17 July 2022; Ref: scu.270892

Regina (Niazi) v Secretary of State for the Home Department: CA 9 Jul 2008

The claimants sought to challenge decisions to restrict payments made to victims of miscarriages of justice. A discretionary scheme had been stopped, and payments of applicants’ costs had been restricted to Legal Help rates.
Held: The simple existence of a voluntary scheme could not create a legitimate expectation of its continuance. For the doctrine to be engaged so as to bind the decision-maker, the assurance must be clear and unequivocal and ‘pressing and focused’.
Laws LJ discussed the suggested need to consult: ‘Thus a public authority will not often be held bound by the law to maintain in being a policy which on reasonable grounds it has chosen to alter or abandon. Nor will the law often require such a body to involve a section of the public in its decision-making process by notice or consultation if there has been no promise or practice to that effect. There is an underlying reason for this. Public authorities typically, and central government par excellence, enjoy wide discretions which it is their duty to exercise in the public interest. They have to decide the content and the pace of change. Often they must balance different, indeed opposing, interests across a wide spectrum. Generally they must be the masters of procedure as well as substance; and as such are generally entitled to keep their own counsel. All this is involved in what Sedley LJ described (BAPIO [2007] EWCA Civ 1139) as the entitlement of central government to formulate and re-formulate policy. This entitlement – in truth, a duty – is ordinarily repugnant to any requirement to bow to another’s will, albeit in the name of a substantive legitimate expectation. It is repugnant also to an enforced obligation, in the name of a procedural legitimate expectation, to take into account and respond to the views of particular persons whom the decision-maker has not chosen to consult.’ and ‘But the court will (subject to the overriding public interest) insist on such a requirement, and enforce such an obligation, where the decision-maker’s proposed action would otherwise be so unfair as to amount to an abuse of power, by reason of the way in which it has earlier conducted itself. In the paradigm case of procedural expectations it will generally be unfair and abusive for the decision-maker to break its express promise or established practice of notice or consultation. In such a case the decision-maker’s right and duty to formulate and re-formulate policy for itself and by its chosen procedures is not affronted, for it must itself have concluded that that interest is consistent with its proffered promise or practice. In other situations – the two kinds of legitimate expectation we are now considering – something no less concrete must be found. The cases demonstrate as much. What is fair or unfair is of course notoriously sensitive to factual nuance. In applying the discipline of authority, therefore, it is as well to bear in mind the observation of Sir Thomas Bingham MR as he then was in Ex p Unilever at 690f, that ‘[t]he categories of unfairness are not closed, and precedent should act as a guide not a cage.’
Laws LJ also said: ‘Authority shows that where a substantive expectation is to run the promise or practice which is its genesis is not merely a reflection of the ordinary fact (as I have put it) that a policy with no terminal date or terminating event will continue in effect until rational grounds for its cessation arise. Rather, it must constitute a specific undertaking directed at a particular individual or group by which the relevant policy’s continuance is assured . . I will give two concrete examples from the cases. In Ex p Khan [1985] 1 All ER 40 the Home Office promulgated specific criteria for the admission of children into this country for the purpose of adoption here. The appellant sought entry for his prospective adoptive child. He relied in terms on the published criteria which he fulfilled. But he found his application blocked by a further, unannounced criterion which he did not satisfy. This court allowed his appeal.’

Judges:

Laws LJ

Citations:

[2008] EWCA Civ 755, Times 21-Jul-2008

Links:

Bailii

Statutes:

Criminal Justice Act 1988 133

Jurisdiction:

England and Wales

Cited by:

Cited – Albert Court Residents Association and Others, Regina (on The Application of) v Corporation of The Hall of Arts and Sciences Admn 2-Mar-2010
Residents near the Albert Hall objected to the alteration of its licence so as to allow boxing and wrestling activities, and the extension of its opening hours. They said that the advertisements for the alterations failed to receive the prominence . .
Cited – London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Damages

Updated: 17 July 2022; Ref: scu.270576

Gray v Bristol Magistrates Court: Admn 7 May 2008

The defendant was accused of a minor assault. He complained first about orders made by the district judge, but now complained that he was a barrister who had been instructed by the firm of solicitors which had been the subject of a complaint by the defendant, and that the judge had a conflict of interest. The judge had refused to recuse himself.
Held: Permission to apply for a review was refused. The facts alleged did not even raise any issue of apparent bias.

Judges:

Ouseley J, Underhill J

Citations:

[2008] EWHC 1153 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cambridge Justices ex parte Yardline Limited and Bird 1990
Complaint was made when one of the magistrates sitting in a case was a partner in a law firm which regularly represented one of the parties. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Professions

Updated: 15 July 2022; Ref: scu.268716

Axa Sun Life Services Plc v Cannon and Another: QBD 30 Oct 2007

Citations:

[2007] EWHC 2466 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Myers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract, Legal Professions

Updated: 15 July 2022; Ref: scu.261564

Law Society v Adcock and Another: QBD 20 Dec 2006

The Society appealed a rejection of a complaint of misconduct based on the solicitor having accepted payments of pounds 20.00 a time from a search company.
Held: The payments were not a secret commission, but rather discounts or rebates, and did not fall within rule 10: ‘It was inconceivable that any tribunal could find that the solicitors were dishonest and it was unlikely it could find that they had acted in any way unbefitting of a solicitor. ‘

Judges:

Lord Justice Waller and Mr Justice Treacy

Citations:

Times 16-Jan-2007, [2006] EWHC 3212 (Admin), [2007] 1 WLR 1096

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Legal Professions

Updated: 15 July 2022; Ref: scu.247977

Diamond v Mansfield and others: QBD 20 Dec 2006

The claimant barrister challenged the decision to discipline him by the respondent senior members of the bar. He wrote an article about a case in which he was instructed. He thought it was not to be published, and did not apply for exemption. It was published. The defendants said that no cause of action arose.

Judges:

Nelson J

Citations:

[2006] EWHC 3290 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 15 July 2022; Ref: scu.247988

Angelidis v Parliament: ECJ 5 Dec 2006

CJEU (Staff Regulations) Officials ‘ Staff report – Action for annulment ‘No previous direct supervisor’s consultation – Statement of reasons – Action for damages – Late establishment – Non-pecuniary damage’ ‘Admissibility

Citations:

[2006] EUECJ T-416/03

Links:

Bailii

Jurisdiction:

European

Employment, Legal Professions

Updated: 15 July 2022; Ref: scu.246794

Legal Services Commission v Aaronson and others: QBD 24 May 2006

The Commission sought to enforce an order requiring the defendant solicitors firm to produce to it all files on which bills had not yet been submitted. The defendant said that the request was in breach of an arbitration agreement. The commission appealed dismissal of the application. The firms general contract had been terminated leaving the firm owing repayments to the LSC of over pounds 400,000. The firm said that the LSC had changed its system to avoid payment in long running cases until the case finished, and that supported estimates would show a substantial net sum due to the firm, and that the reason for the demand was an unlawful one, namely to improve its position in the arbitration.
Held: The claims were properly matters arising under the contract between the parties, and that dispute was subject to the control to be exercise within the arbitration, and the Commission’s action must be stayed.

Judges:

Jack J

Citations:

[2006] EWHC 1162 (QB)

Links:

Bailii

Statutes:

Legal Services Commission (Disclosure of Information) Regulations 2000

Jurisdiction:

England and Wales

Citing:

Cited – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The . .
Cited – Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society ChD 22-Jul-2004
The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in . .

Cited by:

See Also – Legal Services Commission v Aaronson and others QBD 26-May-2006
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 15 July 2022; Ref: scu.242212

Loveday v Renton (No 2): 1992

A brief fee might include work done during the course of a trial. The appropriateness of the approach and the need for elements to be calculated according to the value at stake and the hourly expense rate are to be calculated realistically.

Judges:

Hobhouse J

Citations:

[1992] 3 All ER 184

Jurisdiction:

England and Wales

Citing:

See Also – Loveday v Renton and Wellcome Foundation Ltd 1990
Stuart-Smith LJ said that there is no ‘generally accepted standard of scientific proof.’ The court rejected epidemiological evidence presented to it. . .

Cited by:

Cited – Cantor Fitzgerald International (formerly Cantor Fitzgerald (UK) Ltd) and Another v Tradition (UK) Ltd and Others (No 2) ChD 31-Jul-2003
The costs order required payment of the claimants’ costs. The court ordered costs to be payable only for certain stages of the case, and in particular that the appellants should pay the respondents costs of the trial commencing on a specified date. . .
Cited – Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis CA 24-Oct-2003
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate.
Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate . .
Cited – Secretary of State for Constitutional Affairs v Stork QBD 3-Aug-2005
The barrister claimant challenged the system of payment of barristers contained in the Graduated Fees Scheme.
Held: the system imposed a new regime, and it was inappropriate to seek to impose on it ideas from previous systems of payment, . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 15 July 2022; Ref: scu.186115

Dadourian Group International Inc and others v Simms and others: ChD 10 Apr 2008

Warren J said: ‘As to that, the judge directed himself in law . . as follows: ‘it is a question of fact whether a representee has been induced to enter into a transaction by a material misrepresentation intended by the representor to be relied upon by the representee; if the misrepresentation is of such a nature that it would be likely to play a part in the decision of a reasonable person to enter into a transaction it will be presumed that it did so unless the representor satisfies the court to the contrary (see Morritt LJ in Barton v County NatWest Limited [1999] Lloyd’s Rep Banking 408 at 421, paragraph 58); (3) the misrepresentation does not have to be the sole inducement for the representee to be able to rely on it: it is enough if the misrepresentation plays a real and substantial part, albeit not a decisive part, in inducing the representee to act; (4) the presumption of inducement is rebutted by the representor showing that the misrepresentation did not play a real and substantial part in the representee’s decision to enter into the transaction; the representor does not have to go so far as to show that the misrepresentation played no part at all; and (5) the issue is to be decided by the court on a balance of probabilities on the whole of the evidence before it.’

Judges:

Warren J

Citations:

[2008] EWHC 723 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice, Torts – Other

Updated: 14 July 2022; Ref: scu.266903

Das, Das v Barclays Bank Plc: QBD 11 Apr 2006

The claimant sought repayment of sums drawn from their bank account, saying the cheque signatures had been forged. During long winded serial proceedings the claimant complained that the defendant had instructed to act for them a firm of solicitors who had acted for the claimant at an earlier stage.
Held: No conflict of interest had been shown, and a second set of proceedings amounted to an abuse and were out of time.

Judges:

Calvert-Smith J

Citations:

[2006] EWHC 817 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Banking, Legal Professions

Updated: 14 July 2022; Ref: scu.240424

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)

Links:

Bailii

Statutes:

Solicitors Act 1974 49

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 good reason why Ms Pearson, Ms Stone, Mr Ewing and . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 14 July 2022; Ref: scu.668457

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

Legal Professions, Costs

Updated: 14 July 2022; Ref: scu.558735

Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998

A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that hearing. The judge had not delivered a judgment, and had said that a copy of his directions could be released to the public, but that the parties and their advisers were not to make any comment to the media in relation to the litigation without the leave of the court.
Held: Lawyers conducting cases under conditional fee agreements bear no different or greater risk of facing personal costs orders for that reason. If the statutory requirements are complied with the CFA will be valid and enforceable by the legal advisers against a client. If it materially departs from the legislative requirements, it will not be enforceable and will not be a CFA which is protected. It was wrong to impose order banning publicity for that reason. The issue arose (but was not fully argued) as to the disclosabiity of Conditional Fee Agreements. The court said that absent exceptional circumstances, unless and until the other partyapplies to make the legal advisers personally liable for costs, the existence or the terms of a CFA are of no relevance to the issues and the proceedings. They are therefore on that ground not required to be disclosed.
Proceedings in chambers are described as being conducted ‘in private’ and Lord Woolf described the principles referable to proceedings in chambers as including: ‘To disclose what occurs in chambers does not constitute a breach of confidence or amount to contempt so long as any comment which is made does not substantially prejudice the administration of justice.’
Lord Woolf said: ‘What has happened since the order has been made strongly suggests that it would have been preferable to have given all the directions which were made on 10 October in open court, together with a judgment explaining why they were made, so that it would not have been necessary for the legal advisers to communicate with the media in order to explain what had happened.’

Judges:

Lord Woolf MR, Aldous, Chadwick LJJ

Citations:

Times 13-Feb-1998, Gazette 16-Apr-1998, [1998] EWCA Civ 224, [1998] 1 WLR 1056, [1998] 2 All ER 673, [1998] 1 Costs LR 14

Links:

Bailii

Statutes:

Conditional Fee Agreements Regulations 1995 (1995 N0 1675), Courts and Legal Services Act 1990

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lord Chancellor’s Department ex parte Child Poverty Action Group Admn 6-Feb-1998
The claimant sought an order with regard to its costs in an anticipated application to the court. The application was refused. Requests in a public interest action for an advance order for costs could only be awarded in very exceptional . .

Cited by:

Cited – Allan v Clibbery (1) CA 30-Jan-2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed . .
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 – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – HM Attorney General v British Broadcasting Corporation CA 12-Mar-2007
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was . .
Cited – Coward v Harraden QBD 2-Dec-2011
Parties had fought each other in wide ranging litigation. The claimant found covert surveillance devices in his home, and discovered evidence that the defendant may have information as to who had placed them. Earlier orders had been made for the . .
Cited – ABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
Cited – Storer v British Gas plc CA 25-Feb-2000
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Media, Costs

Updated: 13 July 2022; Ref: scu.143702

Sritharan v Law Society: ChD 2004

The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination.

Citations:

[2004] EWHC 2932 (Ch

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 13 July 2022; Ref: scu.228266

Preedy and Okoronkwo v Law Society: ChD 2004

The Society had intervened in the Solicitor’s practice. The solicitor had made no attempt to comply with the Accounts rules at all, and there was not even a separate client bank account.

Citations:

[2004] EWHC 2709 (Ch)

Jurisdiction:

England and Wales

Cited by:

Cited – Sheikh v The Law Society ChD 1-Jul-2005
The claimant challenged the intervention by the Law Society in her solicitors practice.
Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 13 July 2022; Ref: scu.228265

Jones v Wrexham Borough Council: CA 19 Dec 2007

The claimant appealed against a decision that the conditional fee agreement with her solicitors had been unenforceable because the solicitors had not disclosed to her a conflicting interest in recommending insurers. The issue was whether the CFA was one within Regulation 3A of the 2003 Regulations under which ‘the client is liable to pay his legal representative’s fees and expenses only to the extent that the sums are recovered in respect of the relevant proceedings’ (known as a ‘CFA lite’). But the exercise was one of construing the agreement.
Held: The appeal succeeded. The court should analyse the arrangement for the agreement, the supporting client-care letter and the policy which was recommended. Its contents were of legitimate concern to the clients, not least because they formed the justification for imposing on the clients a substantial costs liability in the event of success.
Waller LJ said: ‘I can see no reason why the court should not look at the whole package produced by the solicitor, the CFA agreement, the rule 15 letter explaining to the client the effect of the agreement, and indeed the insurance policy recommended by the solicitor . . ‘

Judges:

Waller LJ VP, Longmore LJ, Hughes Lj

Citations:

[2008] 1 WLR 1590, [2007] EWCA Civ 1356

Links:

Bailii

Statutes:

Conditional Fee Agreements Regulations 2000 (SI 2000 No 692). , Courts and Legal Services Act 1990 27(1), Conditional Fee Agreement (Miscellaneous Amendments) Regulations 2003

Jurisdiction:

England and Wales

Citing:

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 – Garrett v Halton Borough Council CA 18-Jul-2006
. .

Cited by:

Cited – Tankard v John Fredricks Plastics Ltd; Jones v Attrill etc CA 11-Dec-2008
The defendants sought to argue that the conditional fee arrangement used by the claimant’s solicitors had been void under the 2000 regulations. They claimed that the solicitors had failed to disclose an interest in the policies sold.
Held: No . .
Cited – Radford and Another v Frade and Others QBD 8-Jul-2016
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 12 July 2022; Ref: scu.262936

Spencer v Wood and Another (T/A Gordons Tyres, A Firm): CA 15 Mar 2004

A conditional fee agreement was invalid in failing to specify how much of the success fee was attributable to a cost for the representative’s agreement to postone his fees and expenses.

Citations:

[2004] EWCA Civ 352, Times 30-Mar-2004, [2004] 3 Costs LR 372

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice, Costs

Updated: 12 July 2022; Ref: scu.195535

Slee v Secretary of State for Justice (1): Admn 19 Nov 2007

The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on the re-organisation had been ring-fenced, for a choice between herself and a co-worker, but she had gone on long term sick-leave and then on maternity leave and had consented to the appointment of her co-worker. The Regulations provided that compensation would be payable: ‘after he has received from the Magistrates Courts committee either written notice that his office was to be terminated or written notice of termination of his office, been offered in writing any relevant employment which is reasonably comparable with the office he has lost’. The partied disagreed as to whether she had been offered suitable alternative employment.
Held: The appeal succeeded, and the case remitted to a different tribunal for a reconsideration. The letter from the Committee had been a notice satisfying the requirement in the Regulations, which did not require a dismissal notice as such.
The letter from the Committee was not an offer for acceptance, but an instruction to the claimant – she was given no choice, and nor was it effective having been found to amount to unlawful sex discrimination being in breach of the 1999 Regulations.
The Tribunal not having properly completed the steps required to decide whether the claimant was a clerk within the Regulations, the case was remitted for reconsideration.

Judges:

Silber J

Citations:

[2007] EWHC 2717 (Admin)

Links:

Bailii

Statutes:

Justices of the Peace Act 1949 (Compensation) Regulations 1978, Maternity and Parental Leave etc Regulations 1999, Justices of the Peace Act 1949 19(1)

Citing:

Appeal from – 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 – Morton Sundour Fabrics v Shaw QBD 1966
The court considered whether the employee had been given a notice falling within the Act so as to give rise to a redundancy.
Held: Widgery J said: ‘there are certain formalities about the type of notice necessary to determine a contract of . .
Cited – Retarded Childrens Aid Society v Day CA 1978
Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not . .
Approved – 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 – Sinclair Roche and Temperley and others v Heard and Another EAT 22-Jul-2004
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .

Cited by:

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

Employment, Legal Professions

Updated: 12 July 2022; Ref: scu.261499

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 Employment
Tribunal that:
(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);
(b) The Respondent had failed to offer to the Claimant a suitable and available vacancy following the redundancy of her existing post contrary to regulation 10 of the Maternity and Parental Leave etc Regulations 1999 (‘the 1999 regulations’);
(c) The Claimant suffered a detriment for the reason that she took ordinary maternity leave and additional maternity leave contrary to regulation 19 of the 1999 Regulations; and
(d) The Respondent had unlawfully discriminated against the Claimant on grounds of her sex.
The Respondent appealed and the Employment Appeal Tribunal unanimously dismissed the appeal. It held that:
1. The Employment Tribunal was entitled to hold that the Respondent had committed a fundamental breach of the implied terms of mutual trust and confidence;
2. Regulation 10 of the 1999 Regulations applied as it was ‘not practicable by reason of redundancy to continue to employ [the Claimant] under her existing contract of employment’. This was a redundancy situation as the word ‘redundancy’ in this regulation had the same meaning as applied by the House of Lords in Murray v Foyle Meats [1999] ICR 827 to the Northern Irish equivalent of section 139 of the Employment Rights Act 1996 namely that the contract test does not apply (see Re Jones Will Trusts [1965] 1 Ch 1124, 1131 and Floor v Davis [1980] AC 695,707);
3.The Claimant was entitled to make a claim under regulation 19 of the 1999 Regulations as she had ‘ been subjected to a detriment’ because she was pregnant as a result of the reasoning in Shamoon v Chief Constable of the RUC [2003] ICR 337; and
4. The Claimant was entitled to claim for sexual discrimination for the same reasons as are set out in paragraph 3 above.

Judges:

Silber J

Citations:

[2007] UKEAT 0349 – 06 – 1907

Links:

Bailii

Statutes:

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

Citing:

Cited – London Borough of Waltham Forest v Omilaju CA 11-Nov-2004
Final Straw Act – Non-Trivial
The claimant had been involved in protracted disputes with the respondent. The respondent appealed a finding of constructive dismissal and victimisation. He had attended a tribunal hearing and the employer had refused to pay his salary whilst he was . .
Cited – Floor v Davis (Inspector of Taxes) HL 1979
The House considered whether the meaning of the phrase ‘a person having control’ extended to control by more than one person. This depended on whether the word ‘person’ in the singular was to be construed as including the plural.
Held: The . .
Cited – In Re Jones Will Trusts ChD 11-Jan-1965
Buckley J said that the words ‘unless the contrary intention applies’ mean ‘unless the contrary appears from any surrounding circumstances which carry conviction to the mind of the court’. He also agreed with the submission ‘that the evidence . .
Cited – Murray and Another v Foyle Meats Ltd (Northern Ireland) HL 8-Jul-1999
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that . .
Cited – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Cited – Regina v Bristol Magistrates Court and others ex parte Junttan Oy HL 23-Oct-2003
The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply . .
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .

Cited by:

Appeal from – Slee v Secretary of State for Justice (1) Admn 19-Nov-2007
The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on . .
See Also – 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 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 . .
Lists of cited by and citing cases may be incomplete.

Employment, Legal Professions

Updated: 12 July 2022; Ref: scu.259815

In Re A Solicitor: QBD 13 May 1992

In disciplinary proceedings before the Solicitors Disciplinary Tribunal, allegations must be proved to the criminal standard, and certainly so where the allegations are serious and may result in suspension or disqualification. Hearsay evidence should not be admitted. ‘It seems to us, if we may respectfully say so, that it is not altogether helpful if the burden of proof is left somewhere undefined between the criminal and the civil standard. We conclude that at least in cases such as the present, where what is alleged is tantamount to a criminal offence, the tribunal should apply the criminal standard of proof, that is to say proof to the point where they feel sure that the charges are proved or, to put it another way, proof beyond reasonable doubt. This would seem to accord with decisions in several of the Provinces of Canada.’ Lord Llane referred to the provision in the Bar’s Code of Conduct requiring the tribunal to apply the criminal standard of proof and observed: ‘it would be anomalous if the two branches of the profession were to apply different standards in their disciplinary proceedings’.

Judges:

Lord Lane CJ

Citations:

Gazette 13-May-1992, [1993] QB 69

Jurisdiction:

England and Wales

Citing:

Approved – Bhandari v Advocates Committee PC 1956
Complaints of professional misconduct against a member of a legal profession are to be proved to the criminal standard. Lord Tucker said: ‘With regard to the onus of proof the Court of Appeal [for East Africa] said: ‘We agree that in every . .

Cited by:

Cited – Aaron v The Law Society (the Office of the Supervision of Solicitors) QBD 13-Oct-2003
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have . .
Cited – Campbell v Hamlet (as executrix of Simon Alexander) PC 25-Apr-2005
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
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: 12 July 2022; Ref: scu.81678

In Re A Solicitor: ChD 14 Jul 1999

The regulatory function of the Law Society in intervening in a legal practice was not merely protective, and a solicitor facing accusations of past dishonesty could not expect to be relieved of the consequences merely because he had completed the transactions at issue without loss. The intervention could proceed.

Citations:

Gazette 14-Jul-1999

Statutes:

Solicitors Act 1974 35

Jurisdiction:

England and Wales

Legal Professions

Updated: 12 July 2022; Ref: scu.81679

Fosberry and Another v Revenue and Customs: ChD 22 May 2007

The claimant appealed against an order setting at nil his costs after the court found that his agreement with his solicitors as to payment infringed the relative regulations.

Judges:

Blackburne J

Citations:

[2007] EWHC 1512 (Ch)

Links:

Bailii

Statutes:

Conditional Fee Agreement Regulations of 2000

Jurisdiction:

England and Wales

Citing:

Appeal from – Fosberry and Another v Revenue and Customs VDT 28-Jul-2005
COSTS – Indemnity basis – Commissioners accepted that taxpayers’ appeal succeeded – Commissioners offered to pay taxpayers’ costs – Taxpayers applied for indemnity costs on grounds that Commissioners had changed their reasons for original decision . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 11 July 2022; Ref: scu.254482

David Truex, Solicitor (A Firm) v Kitchin: CA 4 Jul 2007

The claimant solicitors sought payment of their fees. The defendant claimed they had been negligent in not advising her that she might be entitled to legal aid. The firm had pointed out to her that they did not undertake legal aid work, and that she could choose another firm if she wished.
Held: The firm’s appeal was dismissed.

Judges:

Waller, Lawrence Collins LJJ

Citations:

[2007] 2 FLR 1203, [2007] Fam Law 903, [2007] NPC 87, [2007] 4 Costs LR 587, [2007] PNLR 33, [2007] EWCA Civ 618

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Leave – David Truex, Solicitor (A Firm) v Kitchen CA 3-Nov-2006
Application for leave to appeal – granted. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Legal Aid

Updated: 11 July 2022; Ref: scu.254541

Ordre des barreaux francophones and Other v Conseil des Minsitres (Conseil des barreaux de l’Union eurpeenne and Ordre des avocats du barreau de Liege, interveners: ECJ 26 Jun 2007

Bodies representing lawyers complained that the anti-money laundering Directive infringed their capacity to provide confidential advice to their clients, in turn infringing their right to a fair trial.
Held: The complaint failed. Insofar as the complaint was restricted to interference with a fair trial, the Directive provided that advice given in the course of proceedings before a court were exempt. The directive applied to matters outside court proceedings, where there was no fair trial to interfere with.

Citations:

Times 02-Jul-2007, C-305/05, [2007] All ER (EC) 953, [2008] WTLR 1059, [2008] CEC 124, [2007] 3 CMLR 28, [2007] ECR I-5305, ECLI:EU:C:2007:383, [2008] Lloyd’s Rep FC 1

Links:

Bailii

Statutes:

European Charter of Fundamental Rights

Jurisdiction:

European

Cited by:

Cited – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights

Updated: 11 July 2022; Ref: scu.254430