Category: Legal Professions

Solicitor, Re A No 2 of 2007 Dr Sabine Pittrof: CA 15 May 2007

The claimant sought review of the refusal of the Law Society to grant her exemptins from examination in certain areas of practice in English law. She a lawyer registered in Germany with substantial commercial expertise. The Law Society said that for Litigation and property law, the experience required was experience in England.

Judges:

Sir Anthony Clarke MR

Citations:

[2007] EWCA Civ 597

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Legal Professions, European

Updated: 11 July 2022; Ref: scu.253686

3M United Kingdom Plc and Another v Linklaters and Paines (A Firm): CA 3 May 2006

Claim in proceedings for damages for breach of duty under a retainer; The preliminary issue which the judge had to determine was whether the claimants had commenced the proceedings within any applicable period of limitation.

Judges:

Lord Justice Chadwick

Citations:

[2006] EWCA Civ 530

Links:

Bailii

Statutes:

Limitation Act 1980 12A(4)(b)

Jurisdiction:

England and Wales

Legal Professions, Limitation

Updated: 10 July 2022; Ref: scu.241407

Madurasinghe v Penguin Electronics (A Firm): CA 13 Jan 1993

A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction.

Citations:

Gazette 13-Jan-1993, [1993] 1 WLR 989

Statutes:

County Court Rules 1981 38(24)(6), Solicitors Act 1974 74

Jurisdiction:

England and Wales

Costs, Legal Professions, Litigation Practice

Updated: 10 July 2022; Ref: scu.83292

Koo Golden East Mongolia (A Body Corporate) v Bank of Nova Scotia and others: QBD 20 May 2008

Application for wasted costs order against solicitors.

Judges:

Silber J

Citations:

[2008] EWHC 1120 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 10 July 2022; Ref: scu.267993

Garrett v Halton Borough Council: CA 16 Mar 2007

The defendants argued that the conditional fee agreement in use by the claimant’s solicitors was void and so in breach of the rules.
Held: In assessing whether there was any ‘interest’ for the purposes of the Regulation, the court looked to the legislative history as an aid to the interpretation of the Regulations, citing the Lord Chancellor’s paper of February 2000 entitled Conditional Fees: Sharing the Risks of Litigation: The Government’s Conclusions Following Consultation were as follows: ‘If the legal representative recommends a particular product, but also has an interest in doing so, for example because he or she will receive a commission or is a member of the insurer’s panel of solicitors, then this must be disclosed to the client’.
Dyson LJ rejected a submission that the word interest in regulation 4(2)(e)((ii) should be construed narrowly so as to mean only a direct financial interest such as commission, ie a direct profit arising from payment of the premium, saying: ‘Nor do we accept that the Regulations should be construed narrowly because of their potentially draconian effect on solicitors. The purpose of the Regulations is to protect clients, not the financial interests of solicitors. In our judgment, the Regulations should be construed by giving the plain language in which they are expressed its normal and natural meaning. We do not accept that the word ‘interest’ is ambiguous. For the reasons that we shall give, it seems to us to be clear that it includes membership of a panel such as the Ainsworth panel.’
For the purposes of regulation 4, a solicitor has an interest if a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client.

Judges:

Lloyd LJ, Dyson LJ, Sir Henry Brooke

Citations:

[2007] EWCA Civ 278, [2007] 1 WLR 554

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Garrett v Halton Borough Council CA 18-Jul-2006
. .
Cited – Henry v British Broadcasting Corporation QBD 9-Mar-2006
The claimant said that the defendant had accused her of falsifying hospital waiting statistics. The defendant pleaded justification.
Held: There were stark differences in the evidence given by different witnesses. Nevertheless the evidence . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .

Cited by:

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

Costs, Legal Professions

Updated: 10 July 2022; Ref: scu.250980

Cooke, Regina (on the Application of) v Revenue and Customs: Admn 30 Jan 2007

The revenue had required production of the taxpayer’s documents held on his behalf by his solicitors, who now applied for judicial review, claiming the protection of section 20.
Held: The protection given to a taxpayer for documents held by him did not extend to documents held for him by his lawyers. The court pointed out however that the revenue remained under a duty to give reasons for a request, and might still suffer judicial review in appropriate circumstances.

Judges:

Munby J

Citations:

[2007] EWHC 81 (Admin), Times 12-Feb-2007

Links:

Bailii

Statutes:

Taxes Management Act 1980 20

Citing:

Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, Legal Professions

Updated: 10 July 2022; Ref: scu.250588

Shuttari v Solicitors’ Indemnity Fund: CA 21 Mar 2007

The solicitor sought to appeal an arbitration award refusing her indemnity by the Fund aganst the consequences of her partner’s dishonesty. She now sought to appeal against a refusal of the judge to allow her application to set aside the arbitration award. She said that the Law Society’s own disciplinary proceedings were inconsistent. She now said that she had not freely agreed to the terms of the SIF, since she had been obliged to insure through them.
Held: Permission was refused since she had no prospects of success, and the application was also out of time with no proper reason given for extending time.

Citations:

[2007] EWCA Civ 244

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 10 July 2022; Ref: scu.250451

Baxendale-Walker v Law Society: CA 15 Mar 2007

The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue.
Held: There were no grounds for disturbing the finding: ‘The reference was sought by a bank, in the context of money laundering regulations directed at the discouragement of profitable criminal conduct. The appellant knew that the reference was critical to the proper discharge of the bank’s duties, and fully appreciated that the bank would naturally rely on the accuracy of any reference he provided, just because he was a solicitor. Moreover his reprehensible behaviour occurred in the context of the lamentable absence of candour and unsatisfactory evidence when he endeavoured to explain himself before Etherton J. The Tribunal was fully entitled to conclude that his conduct in relation to the reference represented ‘extraordinary’ recklessness, and that the consequent sanction should fully vindicate the profession.’

Judges:

Laws LJ PQBD, Scott Barber LJ

Citations:

[2007] EWCA Civ 233, [2007] 3 Costs LR 475, [2008] 1 WLR 426, [2007] 3 All ER 330

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Baxendale-Walker v The Law Society Admn 30-Mar-2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. . .
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 – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 10 July 2022; Ref: scu.250037

Eccles v Bryant and Pollock: CA 1947

The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties.
Held: Negotiations ‘subject to contract’ for the grant of a lease remain in a state of negotiation until exchange of lease and counter-part.
Letters written by solicitors, acting as solicitors relating to a proposed grant of a lease, or related to a proposed acquisition of property by sale, are letters written by agents of the parties who have no authority to conclude a contract; they are not written by agents within whose ostensible authority there lies the function of making a contract. Once the documents had been exchanged however, the parties would be bound.
Lord Greene MR said: ‘One thing is quite clear on the facts of this case to my mind, that both firms of solicitors, one of whom – that is the vendors’ solicitors – practised in East Grinstead and the other of whom, the purchaser’s solicitors, practised in London, when they were instructed to carry this matter through by their respective clients, contemplated and intended from beginning to end to do so in the customary way which is familiar to every firm of solicitors in the country, namely, by preparing the engrossment of the draft contract when agreed in duplicate, the intention being to do what I have no doubt at this very moment is happening in dozens of solicitors’ offices all over the country, namely, to exchange the two parts when signed by their respective clients.’ and
‘When parties are proposing to enter into a contract, the manner in which the contract is to be created so as to bind them must be gathered from the intentions of the parties express or implied. In such a contract as this, there is a well-known, common and customary method of dealing; namely, by exchange, and anyone who contemplates that method of dealing cannot contemplate the coming into existence of a binding contract before the exchange takes place.
Lord Greene MR continued: ‘It was argued that exchange is a mere matter of machinery, having in itself no particular importance and no particular significance. So far as significance is concerned, it appears to me that not only is it not right to say of exchange that it has no significance, but it is the crucial and vital fact which brings the contract into existence. As for importance, it is of the greatest importance, and that is why in past ages this procedure came to be recognised by everybody to be the proper procedure and was adopted. When you are dealing with contracts for the sale of land, it is of the greatest importance to the vendor that he should have a document signed by the purchaser, and to the purchaser that he should have a document signed by the vendor. It is of the greatest importance that there should be no dispute whether a contract had or had not been made and that there should be no dispute as to the terms of it. This particular procedure of exchange ensures that none of those difficulties will arise. Each party has got what is a document of title, because directly a contract in writing relating to land is entered into, it is a document of title. That can be illustrated, of course, by remembering the simple case where a purchaser makes a sub-sale. The contract is a vital document for the purpose of the sub-sale. If he had not got the vendor’s part, signed by the vendor, to show to the sub-purchaser, he would not be able to make a good title. ‘If the argument for the purchaser is right and the contract comes into existence before exchange takes place, it would mean that neither party could call upon the other to hand over his part. The non-exchanged part would remain the property of the party who signed it, because exchange would be no element in the contract at all and therefore you could get this position, that the purchaser might wish to resell and would have no right to obtain from the vendor the vendor’s signed part.’

Judges:

Lord Greene MR, Cohen and Asquith LJJ

Citations:

[1948] Ch 93, [1947] 2 All ER 865

Jurisdiction:

England and Wales

Cited by:

Cited – Domb and Another v Isoz CA 29-Nov-1979
In a chain of conveyancing transactions, a solicitor sent his contract and deposit to his vendor’s solicitor, asking him to hold it to his order pending exchange. On the next day, that vendor’s solicitors agreed to an exchange of contracts over the . .
Cited – D’Silva v Lister House Development Ltd 1970
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The . .
Cited – Evans v James (Administratrix of the Estate of Thomas Hopkin Deceased) CA 5-Jul-1999
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
Cited – Evans v James (Administratrix of the Estate of Thomas Hopkin Deceased) CA 5-Jul-1999
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
Cited – Alan Estates Ltd v WG Stores Ltd and Another CA 1-Jul-1981
The proposed tenant wanted to get into possession, and was given a key and paid a quarter’s rent to the lessor’s solicitors to be held as stakeholders, before the lease had been formally granted. An undated lease and counterpart were executed and . .
Cited – The Anemone 1987
Owners wished to let their vessel on time charter to Afram Line Limited but were unwilling to do so without a guarantee. The negotiations were conducted by Centre Shipping on behalf of owners and Dipgrove Holdings on behalf of charterers. It was . .
Cited – Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another CA 9-Mar-2012
The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract, Legal Professions, Agency

Updated: 10 July 2022; Ref: scu.183158

Solicitors Regulation Authority v James: Admn 13 Nov 2018

In each case, the Solicitors Disciplinary Tribunal, despite finding dishonesty, substituted a punishment less than a striking off, finding exceptional circumstances in mental health conditions arising from pressure of work.
Held: The SRA’s appeal succeeded. Such mental health conditions could not normally amount to exceptional circumstances.

Judges:

Flaux LJ, Jeremy Baker J

Citations:

[2018] EWHC 3058 (Admin), [2018] WLR(D) 699

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Legal Professions

Updated: 10 July 2022; Ref: scu.630570

Harrison v Harrison: QBD 6 Feb 2009

Application against the respondent for a wasted costs order arising out of her conduct as counsel of a without notice application for a freezing order in this division of the High Court.

Citations:

[2009] EWHC 428 (QB), [2009] Fam Law 481, [2009] 1 FLR 1434

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 09 July 2022; Ref: scu.320868

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

The court considered the disciplinary duties of the Law Society: ‘The object of the provision is disciplinary. It is to assist in maintaining the standards to be achieved by solicitors and to provide sanctions in terms of costs and payment if the proper standards are not reached. It is the quality of the service . . . which is of importance.’

Judges:

Lord Taylor LCJ

Citations:

(1995) 7 Admin LR 249

Statutes:

Solicitors Act 1974 Sch1A

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Law Society ex parte Shuttari CA 25-Nov-1996
The client complained that he should have been advised to apply for legal aid and otherwise. The solicitor now appealed a disciplinary finding against her.
Held: The court considered the purpose of Schedule 1A of the 1974 Act: ‘it is arguable . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 09 July 2022; Ref: scu.250450

DKLL Solicitors v Revenue and Customs: ChD 6 Mar 2007

Application for an administration order in relation to DKLL Solicitors — which I will refer to as the partnership – a firm of solicitors providing general legal services, whose principal place of business is in Epsom, Surrey. T

Judges:

Andrew Simmonds QC

Citations:

[2007] EWHC 2067 (Ch), [2007] BCC 908

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency, Legal Professions

Updated: 09 July 2022; Ref: scu.259423

David Truex, Solicitor (A Firm) v Kitchen: CA 3 Nov 2006

Application for leave to appeal – granted.

Judges:

Hallett LJ

Citations:

[2006] EWCA Civ 1592

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Legal Professions, Contract

Updated: 09 July 2022; Ref: scu.249082

Holder v The Law Society: CA 24 Jan 2003

The solicitor had sought an order to have set aside the Society’s intervention in his legal practice. His claim had been dismissed after considerable delay, but re-instated on appeal. The Society now appealed against the re-instatement. There had been default’s on his client account.
Held: The Society’s appeal succeeded.

Judges:

Aldous, Carnwath LJJ, Sir Christopher Staunton

Citations:

[2003] EWCA Civ 39, [2003] 1 WLR 1059

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Holder v The Law Society Admn 26-Jul-2005
The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 09 July 2022; Ref: scu.249050

Russell Young and Co (A Firm) v Brown and others: CA 31 Jan 2007

The court was asked to consider the liability of a tortfeasor to a claimant for a share of those costs which have been incurred by the claimant’s solicitor in investigating and settling a large number of claims of a similar nature, and which have been incurred for the joint benefit of all the claimants.
Held: The claimant had undertaken investigations for many cases, of which the lead cases were only a sample, but which would be settled folloing the lead cases. The claimants’ solicitors were entitled to their costs without having to demonstrate additional agreements with their clients for generic costs.

Judges:

Buxton LJ, Smith LJ, Wilson LJ

Citations:

[2007] EWCA Civ 43, Times 13-Feb-2007

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 09 July 2022; Ref: scu.248320

Agip (Africa) Ltd v Kingsley and others: CA 21 Dec 1990

The claimant alleged that substantial sums had been obtained from it by fraud, and in part had passed through the hands of the respondent solicitors: ‘Agip does not contend that the defendants were parties to the fraud and had actual knowledge of it. The claim is at common law for money had and received. In the alternative, it is contended that the defendants are bound to account in equity as constructive trustees. As against the first and second defendants, Agip relies on the mere receipt of the money. In addition, however, it is alleged that all the defendants and in particular the first and third, were guilty of wilful and reckless failure to make inquiries in order to satisfy themselves that they were not acting in furtherance of a fraud.’

Judges:

Fox, Butler-Sloss, Beldam LJJ

Citations:

[1990] EWCA Civ 2, [1991] Ch 547, [1992] 4 All ER 451

Links:

Bailii

Jurisdiction:

England and Wales

Equity, Legal Professions

Updated: 09 July 2022; Ref: scu.248042

Re G, S and M (Wasted Costs): FD 20 Sep 1999

The court discussed the duty of counsel and their instructing solicitors in proceedings under the Children Act 1989 to ensure that expert witnesses are kept up to date with events in the case; and, in particular, that before expert witnesses are called to give oral evidence, they have been sent and have read all relevant documents, particularly those which have emerged since their reports were written.

Judges:

Wall J

Citations:

[1999] EWHC Fam 828, [2000] 1 FLR 52, [1999] 4 All ER 371, [1999] 3 FCR 303, [2000] Fam 104, [2000] 2 WLR 1007, [2000] Fam Law 24

Links:

Bailii

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice, Children

Updated: 09 July 2022; Ref: scu.263378

Sears Tooth (A Firm) v Payne Hicks Beach (A Firm) and Others: FD 24 Jan 1997

An agreement to deduct legal costs of proceedings from a divorce award was not champertous or unlawful.

Citations:

Gazette 05-Feb-1997, Times 24-Jan-1997, [1997] 2 FLR 116

Jurisdiction:

England and Wales

Cited by:

Cited – Wyatt v Vince SC 11-Mar-2015
Long delayed ancillary relief application proceeds
The parties had divorced some 22 years before, but no ancillary relief order had been made to satisfy the application outlined in the petition. The parties when together had lived in relative poverty, but H had subsequently become wealthy. W applied . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Family

Updated: 09 July 2022; Ref: scu.89083

Sheikh v The Law Society of England and Wales: CA 23 Nov 2006

The solicitor had asked the court to set aside the intervention in her practice by the Society. The Society appealed an order that the notices be withdrawn.
Held: The court in making its order had not given proper weight to the history of complaints against the solicitor, and had made the order despite finding that she had been willing to deceive. The court may have thought the intervention disproportionate, but the Society was best placed to judge that need.

Judges:

Lord Justice Chadwick, Lord Justice Tuckey and Lord Justice Moore-Bick

Citations:

[2006] EWCA Civ 1577, Times 01-Dec-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – 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: 08 July 2022; Ref: scu.246688

Freakley and others v Centre Reinsurance International Company and others: HL 11 Oct 2006

When it became clear that the company would be financially overwhelmed by asbestos related claims, a voluntary scheme of arrangement was proposed under s425. The House was now asked whether the right to re-imbursement of the company’s lawyers after the appointment of the administrators had a statutory priority over other costs of the administration, the floating charge and the unsecured creditors of the company.
Held: The appeal succeeded. Such claims did not have the priority sought. The House approved Chadwick LJ’s statement in the CA, but that did not mean that anyone with authority to act on behalf of the company must be deemed to have derived his authority from the administrator. The company may, before the appointment of the administrator, have conferred on someone an authority to contract on its behalf which, in law or in practice, the administrator cannot revoke. This is such a case. Such contracts are made on behalf of the company but not on behalf of the administrator, and liabilities for such debts should not have priority over those of other creditors.

Judges:

Lord Hoffmann, Lord Hope of Craighead, Lord Phillips of Worth Matravers, Lord Walker of Gestingthorpe, Lord Brown of Eaton-Under-Heywood

Citations:

[2006] UKHL [2006] UKHL 45, Times 16-Oct-2006

Links:

Bailii

Statutes:

Companies Act 1985 425

Jurisdiction:

England and Wales

Citing:

At First Instance – Centre Reinsurance International Co and Another v Curzon Insurance Ltd ChD 12-Feb-2004
It was a necessary part of the system of statutory transfers of insurance obligations under the Act, that the rights should be transferred before exhaustion of any policy excess, and notwithstanding the insolvency. The rights (inchoate at this . .
Appeal from – Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar CA 11-Feb-2005
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company . .
Cited – Groom v Crocker 1939
An action by a client against a solicitor alleging negligence in the conduct of the client’s affairs, is an action for breach of contract. A solicitor is not entitled to payment of his costs by his client where his own negligence makes the work he . .
Cited – Cox v Bankside Members Agency Ltd and Others CA 16-May-1995
Successful Lloyds names were entitled to enforce their claims in the normal time sequence. The transfer of the rights of the insured against the insurer under section 1(1) the 1930 Act takes place on the event of insolvency, even if the insured’s . .
Cited – Powdrill and Another v Watson and Another HL 23-Mar-1995
A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 . .
Cited – In re Atlantic Computer Systems Plc CA 1992
The chargor was a company which arranged with the chargee, a funding bank, that it should purchase equipment and let it on hire purchase to the chargor with permission to sub-lease to end users. The chargor charged to the chargee by way of security . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Legal Professions, Costs

Updated: 07 July 2022; Ref: scu.245332

Rogers v Merthyr Tydfil County Borough Council: CA 31 Jul 2006

The Court considered the validity of after the event legal expenses insurance and conditional fee agreements schemes, and in particular whether an ATE premium was recoverable by a successful claimant. The damages had been agreed in the sum of pounds 3,105 plus interest. The case went to trial and the claimant won. The deputy district judge assessed the costs in the sum of pounds 16,821. This included an ATE premium of pounds 5,103.
Held: The premium was recoverable as a proportionate expense if it was necessarily incurred, even if the amount was large in comparison with the amount of damages reasonably claimed. In support of justifying the premium charged, the court envisaged a note from the solicitor explaining how a particular ATE product came to be chosen and whether it was block rated or individually rated.
Brooke LJ said: ‘In this case it might be thought that all the considerations urged on the court by Mr Bartlett which favour the course taken by Mr Cater, the appellant’s solicitor, might go to demonstrate the reasonableness of his bill of costs – specifically, the ATE insurance staged premium – but not its proportionality: precisely because they have nothing to do with the quantum of the claim. But we do not think that is right. If the court concludes that it was necessary to incur the staged premium, then as this court’s judgment in [Lownds] shows, it should be adjudged a proportionate expense. Necessity here is, we think, not some absolute litmus test. It may be demonstrated by the application of strategic considerations which travel beyond the dictates of the particular case. Thus it may include, as we are persuaded it does, the unavoidable characteristics of the market in insurance of this kind. It does so because this very market is integral to the means of providing access to justice in civil disputes in what may be called the post-legal aid world.
It is important to recognise that this conclusion runs with, not across, the grain of the procedural reforms expressed in the CPR. The very recognition that justice requires a use of resources that is proportionate to what is at stake implies the rightness of a strategic approach. There can be no touchstone of a proportionate use of resources so understood, without an eye to the context in which any such resources are expended. Once it is concluded that the ATE staged premium here was necessarily incurred, principle and pragmatism together compel the conclusion that it was a proportionate expense. We turn therefore to the question whether the ATE staged premium was necessarily incurred.’

Judges:

Brooke VP CA, Laws, Smith LJJ

Citations:

[2006] EWCA Civ 1134, [2007] 1 WLR 808, [2006] Lloyd’s Rep IR 759, [2007] 1 All ER 354, [2007] 1 Costs LR 77

Links:

Bailii

Jurisdiction:

England and Wales

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 – Kris Motor Spares Ltd v Fox Williams Llp QBD 12-May-2010
The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000.
Held: The appeal failed. . .
Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .
Cited – Kris Motor Spares Ltd v Fox Williams Llp QBD 12-May-2010
The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000.
Held: The appeal failed. . .
Cited – Coventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 07 July 2022; Ref: scu.244103

Gaynor v Central West London Buses Ltd: CA 28 Jul 2006

The solicitors appealed a finding that a conditional fee agreement with their client was unenforceable as against their client for failing to meet the requirements of the 1990 Act, which in turn deprived them of a right to claim the costs from the defendant. It was said that the client care letter did not show an unconditional intention to enter into a conditional fee agreement for services provided before the agreement.
Held: The solicitor’s appeal failed. The purpose of s58 was the protection of clients. ‘the work done before a decision is made not to pursue the claim pursuant to the last paragraph on the page is not the provision of litigation services. In my judgment, ‘contemplated proceedings’ are proceedings of which it can be said that there is at least a real likelihood that they will be issued. Until the potential defendant disputes the claim, it is not possible to say that proceedings are contemplated. Advising a client as to whether he or she has a good prima facie case and writing a letter of claim are not enough to amount to litigation services. ‘

Judges:

Dyson LJ

Citations:

[2006] EWCA Civ 1120, Times 25-Aug-2006

Links:

Bailii

Statutes:

Courts and Legal Services Act 1990, Access to Justice Act 1999

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

Legal Professions, Costs

Updated: 07 July 2022; Ref: scu.243994

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

(Master of the Rolls) Each applicant challenged decisions not to allow them to become student members of the Law Society.
Held: The test for character and suitability was a necessarily high one; was one which was not concerned with punishment, but was rather a regulatory one concerned with the risk posed by an individual to the public or to the profession if admitted as a solicitor; and that it was for the applicant to discharge the burden of satisfying the character and suitability test.

Citations:

[2007] EW Misc 3 (EWLS)

Links:

Bailii

Statutes:

Solicitors Act 1974, Training Regulations 1990 691)

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 – The Law Society v Claire Louise Wilson Admn 12-May-2006
Ms Wilson had been found guilty of conduct unbefitting a solicitor after being convicted of offences of dishonesty and given 60 hours community service. The Law Society appealed against her suspension for twelve months saying that it was inadequate. . .
Cited – In Re A Solicitor (Ofosuhene) CA 21-Feb-1997
Mr Ofusehene was a solicitor whose conduct had been referred to the Solicitors Disciplinary Tribunal, but the Tribunal then declined jurisdiction on the basis that the conduct complained of arose prior to his admission as a solicitor.
Held: . .
Cited – The Law Society v Claire Louise Wilson Admn 12-May-2006
Ms Wilson had been found guilty of conduct unbefitting a solicitor after being convicted of offences of dishonesty and given 60 hours community service. The Law Society appealed against her suspension for twelve months saying that it was inadequate. . .

Cited by:

Cited – Ali and Another, Re Solicitors No 21 and 22 of 2007 CA 29-Apr-2008
The claimants challenged revocation of their student membership of the Law Society. The revocation had been made on the basis that they had declared work to be their own unaided work when they were said to have colluded on an assignment.
Held: . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 07 July 2022; Ref: scu.271153

Garrett v Halton Borough Council: CA 18 Jul 2006

Citations:

[2007] 1 WLR 554, [2006] EWCA Civ 1017

Links:

Bailii

Statutes:

Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1)

Jurisdiction:

England and Wales

Citing:

Cited – Mountain v Hastings CA 16-Apr-1993
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. . .

Cited by:

See Also – Garrett v Halton Borough Council CA 16-Mar-2007
The defendants argued that the conditional fee agreement in use by the claimant’s solicitors was void and so in breach of the rules.
Held: In assessing whether there was any ‘interest’ for the purposes of the Regulation, the court looked to . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 07 July 2022; Ref: scu.243301

Baigent v Random House and Another: ChD 3 May 2006

The court had released a draft of its judgment to the parties under terms as to its use. Journalists on ‘The Lawyer’ had become aware of it, and posted details on its website, in breach of those terms.
Held: Apologies had been made, and the publications withdrawn and there had been no further damage. The court ook no further steps.
Peter Smith J said: ‘It is important that journalists take this on board and appreciate that in the future, if there is a breach which is serious — and I should say that in saying that I am not saying that The Lawyer is in breach, because I have accepted what has been said today — the consequences that might be visited upon such a publication and its journalists might well be quite severe. It is important that this mechanism — which was designed by the courts to aid the parties to litigation — is not abused, because if it is abused, the courts will have to withdraw it, and the result will be that clients will be inconvenienced. The courts may have to revert to the old practice of the clients only becoming aware of the result less than an hour before the hearing. For my part, I did not think that that was a very fair way of dealing with things, but if a privilege is given and is abused by a small number, it is generally taken away. I hope that journalists will bear this in mind in the future when they talk to their sources, who really ought to know better. ‘

Judges:

Peter Smith J

Citations:

[2006] EWHC 1131 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Baigent and Another v The Random House Group Ltd (The Da Vinci Code) ChD 7-Apr-2006
The claimants alleged infringement of copyright by the defendant publishers and author in the plot and otherwise in the book ‘The Da Vinci Code’. They said that their own work had been copied substantially, using themes and copying language. The . .

Cited by:

See Also – Baigent and Another v The Random House Group Ltd CA 28-Mar-2007
The claimants appealed against a decision that the defendant’s book, the Da Vinci Code, had not infringed their copyright. The judge had found some copying, but not so much that a substantial part had been copied.
Held: Mummery LJ said: ‘In . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Media, Legal Professions, Litigation Practice

Updated: 07 July 2022; Ref: scu.242906

Northstar Land Limited v Maitland Brooks Jacqueline Brooks: CA 14 Jun 2006

The parties’ solicitors were to complete the sale and purchase of land. The purchaser asked for an extension of time beyond the appointed hour to complete. The vendor’s solicitor responded that he would take his client’s instructions. The purchaser said this amounted to an estoppel despite the absence of any explicit promise that the time would be extended. The court was asked also as to whether a solicitor could make a payment from uncleared funds, and what was the latest time for completion in a day.
Held: No estoppel arose. The vendor’s solicitor had made no promise to provide an answer and was under no obligation to provide one. The judge had been correct to hold that completion had to take place by the close of the working day, and not at midnight, and that payment could only take place using cleared funds.

Judges:

Ward LJ, Smith LJ, Cresswell LJ

Citations:

[2006] EWCA Civ 756, Times 17-Jul-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Legione v Hateley 1982
(High Court of Australia) Purchasers of land were put on notice that unless they paid the price by 10th August the contract of sale would be rescinded. On 9th August the purchasers’ solicitor telephoned the vendor’s solicitors and spoke to the . .
Cited – Reardon Smith Line Ltd v Minister of Agriculture, Fisheries and Food HL 1963
Lord Devlin said: ‘If I employ a builder to repair my dwelling-house and he agrees to complete the work within six days or pay a penalty, that does not mean that he can keep me awake by working from midnight to midnight in order to finish the job. . .
Lists of cited by and citing cases may be incomplete.

Contract, Estoppel, Legal Professions

Updated: 06 July 2022; Ref: scu.242520

The Law Society v Claire Louise Wilson: Admn 12 May 2006

Ms Wilson had been found guilty of conduct unbefitting a solicitor after being convicted of offences of dishonesty and given 60 hours community service. The Law Society appealed against her suspension for twelve months saying that it was inadequate. In committing the offences, she had not done so for her own financial gain. She had been placed under pressure from her practice principal who had refused to ease her workload and who insisted that she personally attend all immigration hearings and conferences. She made false accounting returns, in respect of travel expenses for attendance at conferences and hearings she had not attended, in order that he would not find out she had she had not attended them.
Held: The appeal was allowed, and Ms Wilson was struck off the roll. The starting point for assessing Ms Wilson’s conduct was the decision in Bolton test. Jack J discussed the authorities saying that ‘they emphasise the need to protect the reputation of the profession by expelling dishonest persons from it and emphasising that mitigation personal to the solicitor has little relevance’

Judges:

Lord Justice Keene Mr Justice Jack

Citations:

[2006] EWHC 1022 (Admin)

Links:

Bailii

Cited by:

Cited – Jideofo v The Law Society; Evans v The Solicitors Regulation Authority 31-Jul-2007
(Master of the Rolls) Each applicant challenged decisions not to allow them to become student members of the Law Society.
Held: The test for character and suitability was a necessarily high one; was one which was not concerned with punishment, . .
Cited – Jideofo v The Law Society; Evans v The Solicitors Regulation Authority 31-Jul-2007
(Master of the Rolls) Each applicant challenged decisions not to allow them to become student members of the Law Society.
Held: The test for character and suitability was a necessarily high one; was one which was not concerned with punishment, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 July 2022; Ref: scu.241746

Zambia v Meer Care and Desai (A Firm) and others: CA 7 Mar 2006

The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated.

Judges:

Sir Anthony Clarke MR, May, Jacob LJJ

Citations:

[2006] EWCA Civ 390

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005
Reasons for dismissal of stay for certain defendants. . .

Cited by:

See Also – Zambia, Attorney General v Meer Care and Desai (A Firm) and others ChD 22-May-2006
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others (No. 2) ChD 29-Jun-2007
. .
See Also – Zambia v Meer Care and others (1415) CA 17-Dec-2007
. .
See Also – Zambia v Meer Care and others (1414) CA 17-Dec-2007
Two applications for permission to appeal . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Legal Professions

Updated: 06 July 2022; Ref: scu.241602

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 several years before.
Held: Leave was refused. The judge was quite in order to draw the inferences he had.

Judges:

Lord Justice Gage Lord Justice Latham

Citations:

[2006] EWCA Civ 429

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Koch Shipping Inc v Richards Butler (a Firm) CA 22-Jul-2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant . .
Cited – Mannesmann Aktiengesellschaft v Goldman Sachs International and Others ChD 18-Nov-1999
. .
Cited – SmithKline Beecham Biologicals SA v Connaught Laboratories Inc CA 7-Jul-1999
Changes in court procedure where judges now read rather more before hand to save court time could lead to confusion as to what of the paperwork before the court was now deemed to have been read in open court and therefore in the public domain. The . .
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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 July 2022; Ref: scu.241381

Hoxha and Others, Regina (on The Application of) v Secretary of State for The Home Department (Representatives: Professional Duties): UTIAC 4 Mar 2019

(1) OISC organisations are only able to carry out judicial review case management with counsel authorised to conduct litigation if the organisations are both level 3 registered and have special authorisation to do this work.
(2) It is a commonplace of working in the difficult area of immigration and asylum judicial review, that practitioners are faced with clients who are distressed at the prospect of being removed from the United Kingdom. This does not absolve such a professional from the need to stand firm and act only as authorised by the statutory scheme.
(3) Where a medical expert report is relied upon by a legal representative, the representative has a duty to check the report for accuracy, including ensuring the report accurately reflects the way in which the information in it came to be obtained.
(4) Failure to carry out properly professional duties as set out above, inter alia, may result in the Upper Tribunal referring the legal representative / organisation to the relevant regulatory body.

Citations:

[2019] UKUT 124 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Legal Professions

Updated: 06 July 2022; Ref: scu.637761

Constantinides v The Law Society: Admn 7 Apr 2006

The appplicant appealed against a decision to strike him from the roll of solicitors for dishonesty which he denied. He had drawn documents under which his client invested substantial sums abroad, and lost. She had claimed in negligence. The respondent intervened in his practice. He was found to have condoned fraud if not anything worse. He complained that the tribunal had wrongly admitted the judgment of Peter Smith J in the civil action which he said was unduly prejudicial.
Held: Provided it was treated with rigour, there could be no objection to the tribunal reading the judgment. Though the tribunal heard it nearly in full, it had not relied on non-relevant parts. The respondent had failed to disclose his own interests in the transaction, and had acted with a conflict of interests. The tribunal’s conclusions on dishonesty were justified.
Lord Justice Moses said: ‘We should stress that we do not consider that the allegations of dishonesty were clearly and properly made in the Rule 4 statement. The Rule 4 statement, after alleging conduct unbefitting a solicitor, should have identified that conduct and stated with precision in relation to each aspect of the allegedly guilty conduct the respects in which it was said to be dishonest. It should have alleged that when the appellant acted, despite the conflict of interest, that that conduct was dishonest by the ordinary standards of honest behaviour and that he knew that he was transgressing the ordinary standards of honest behaviour.’

Judges:

Moses LJ

Citations:

[2006] EWHC 725 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 by:

Applied – Thaker v Solicitors Regulation Authority Admn 22-Mar-2011
The solicitor appealed against an order striking him off the Roll of Solicitors. He had been a defendant in civil proceedings accused of assisting the former president of Zambia to dispose of very substantial stolen sums. He was said to have allowed . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 05 July 2022; Ref: scu.240436

Baxendale-Walker v The Law Society: Admn 30 Mar 2006

The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment.
Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. Instead, it received a fiction, on which it acted, which had no basis in fact. ‘ and ‘Neither age nor experience should be needed to teach a solicitor what was obvious. ‘ The Tribunal’s order of suspension was not excessive or out of line with the previous approach to breaches of a solicitor’s obligations. The Law Society, once it had decided to allege dishonesty should have required the applicant to state the basis of his admission, but no injustice had been done.
As to the costs: ‘In considering an award of costs against a public regulator the court must consider on the one hand the financial prejudice to the particular complainant, weighed against the need to encourage public bodies to exercise their public function of making reasonable and sound decisions without fear of exposure to undue financial prejudice, if the decision is successfully challenged. ‘ The tribunal had been wrong to make the order for a contribution to the applicants costs.

Citations:

Times 17-May-2006, [2006] EWHC 643 (Admin), [2006] 3 All ER 675, [2006] 5 Costs LR 696

Links:

Bailii

Statutes:

Solicitors’ (Disciplinary Proceedings) Rules 1994 4(2), Solicitors Act 1974 46

Jurisdiction:

England and Wales

Citing:

Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Cited – In re Barrell Enterprises CA 1972
A judge has power to reconsider a judgement which he has delivered before the order consequent upon it has been sealed, but the judge should only exercise this power if there are strong reasons for doing so. When oral judgments have been given the . .
Cited – Briggs,Awoloye-Kio v The Law Society QBD 19-Jul-2005
. .
Cited – Langford v The Law Society 2002
A court should not interfere with an order of the Solicitors’ Disciplinary Tribunal unless it was out of line with previous penalties imposed or otherwise plainly wrong. . .
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 – Langford v The Law Society 2002
A court should not interfere with an order of the Solicitors’ Disciplinary Tribunal unless it was out of line with previous penalties imposed or otherwise plainly wrong. . .
Cited – Briggs,Awoloye-Kio v The Law Society QBD 19-Jul-2005
. .
Applied – 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 – Bradford City Metropolitan District Council v Booth QBD 10-May-2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed.
Held: The . .
Cited – Gorlov v Institute of Chartered Accountants 2001
The court considered the principles applicable when considering an award of costs against a professional body carrying out its disciplinary function. . .

Cited by:

Appeal from – Baxendale-Walker v Law Society CA 15-Mar-2007
The solicitor appealed a finding that he had given a reference which he knew to be inappropriate, and his consequential striking off. The tribunal had found his evidence manifestly untrue.
Held: There were no grounds for disturbing the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 05 July 2022; Ref: scu.240065

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

Judges:

Lawrence Collins J

Citations:

[2006] EWHC 480 (Ch)

Links:

Bailii

Statutes:

Solicitors Act 1974, Law Society Compensation Fund Rules 1995

Jurisdiction:

England and Wales

Citing:

Cited – Sritharan v Law Society CA 27-Apr-2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. 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: 05 July 2022; Ref: scu.239115

Conlon and Another v Simms: ChD 9 Mar 2006

Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to plead the findings by the Solicitors Disciplinary Tribunal of dishonesty in the defendant. The SDT had found proven allegations relating to potential dishonesty and breaches of anti-fraud guidance. Investment schemes had promised rewards which were never going to be attainable.
Held: The partners should have specifically pleaded any particular allegations supported by the SDT findings, but could not import them as a whole.

Judges:

Collins J

Citations:

[2006] EWHC 401 (Ch), [2006] 2 All ER 1024

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Cited – Simms v Law Society Admn 17-Mar-2005
The appellant challenged being struck of the solicitors roll.
Held: ‘The most serious finding of the Tribunal was, of course, that [Mr Simms] was dishonest. We agree with the Tribunal that the pattern of behaviour by [Mr Simms] establishes . .

Cited by:

Cited – St Paul Travelers Insurance Co Ltd v Okporuah and others ChD 10-Aug-2006
The first defendant had acquired several properties, and was due to make repayments greatly in excess of his income. A further defendant, his brother, was a solicitor who was known to have been involved in mortgage fraud and was suspected of having . .
Appeal from – Simms v Conlon and Another CA 20-Dec-2006
Solicitors within a practice sued each other, and one wished to plead the fact of a finding of professional misconduct.
Held: The defendant’s appeal succeeded. It was not an abuse for the appellant to continue to assert his innocence, and the . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.

Company, Legal Professions

Updated: 05 July 2022; Ref: scu.238948

Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006

The defendant solicitors were being sued for professional negligence. The claimants had taken legal advice after termination of the retainer which led to the present action, and sought to rely upon part of counsel’s opinion. The defendants sought full disclosure of the papers relating to the advice.
Held: The court would order further limited disclosure of the advice given but not full disclosure. Such an order would not lead to any opening of the floodgates in terms of disclosing all the advice received.

Judges:

Mann J

Citations:

[2006] EWHC 158 (Ch), Times 23-Feb-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nea Karteria Maritime Co Ltd v Atlantic and Great Lakes Steamship Corporation (No 2) 11-Dec-1978
The court considered disclosure of a legally privileged note of an interview: ‘I believe that the principle underlying the rule of practice exemplified by Burnell v British Transport Commission is that, where a party is deploying in court material . .
Cited – Balkanbank v Taher and Others 19-Feb-1994
Disclosure of legal advice. . .
Cited – General Accident Fire and Life Assurance Corporation v Tanter (‘The Zephyr’) 1984
When considering the extent to which a court should order partial disclosure of legally privileged advice, the test is one of fairness in the conduct of the trial. It should be left to the trial judge to determine whether a party in the evidence . .
Approved – In re Konigsberg (A Bankrupt) 1989
The court considered in the context of legal privilege the distinction between the disclosure of a document and its use at trial. Parties who grant a joint retainer to solicitors do not retain any confidence as against one another.
A bankrupt’s . .
Cited – Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc); etc v Freshfields (a Firm) CA 11-Mar-1999
A client who sues his former solicitor, waives his legal privilege protection, as regards that legal relationship, but that does not require a waiver also, of other privilege with later solicitors instructed in related matters. Lord Bingham LCJ . .
Cited – Regina v Secretary of State for Transport ex parte Factortame and others (5) Admn 7-May-1997
There was no obligation to disclose further documents against legal professional privilege where the issues are severable. . .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Cited – Berkeley Administration Inc v McClelland CA 1990
There is no legally acceptable basis on which the benefit of an undertaking, to which a member of a group of companies is entitled, may be claimed on behalf of the group as a whole. The court discussed who had the benefit of cross undertakings given . .
Cited – GE Capital Corporate Finance Group v Bankers Trust Co and Others CA 3-Aug-1994
Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: ‘It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to . .
Cited – Derby and Co Ltd And Others v Weldon And Others (No 10) CA 1991
A document had been disclosed by mistake.
Held: The inspecting parties must have realised that the documents had been disclosed by mistake. Fairness on the opposite party is the basis for the courts to hold for a waiver of legal privilege.

Cited by:

Principal Judgment – Fulham Leisure Holdings Ltd v Nicholson Graham and Jones ChD 5-Oct-2006
. .
Cited – ZS v FS (Application To Prevent Solicitor Acting) FD 24-Oct-2017
Discosure of Confidences must be at risk
H sought to restrain W’s solicitors from acting. The firm was one of six firms approached to consider representing H, and he now said that certain matters had been diviluged to the firm.
Held: The legal principles were clear, and it was for H . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 05 July 2022; Ref: scu.238514

Farrington v Rowe McBride and Partners: 1985

(New Zealand) When a solicitor acts for two clients and there is a conflict in his responsibilities, the solicitor must ensure that he fully discloses the material facts to both clients and obtains their informed consent to his so acting. There may be circumstances, notwithstanding such disclosure, where it is impossible for the solicitor to act fairly and adequately for both parties: ‘A solicitor’s loyalty to his client must be undivided. He cannot properly discharge his duties to one whose interests are in opposition to those of another client. If there is a conflict in his responsibilities to one or both he must ensure that he fully discloses the material facts to both clients and obtains their informed consent to his so acting . . And there will be some circumstances in which it is impossible, notwithstanding such disclosure, for any solicitor to act fairly and adequately for both.’

Judges:

Richardson J

Citations:

[1985] 1 NZLR 83

Jurisdiction:

England and Wales

Cited by:

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 – Hilton v Barker Booth and Eastwood HL 3-Feb-2005
The claimant had instructed the defendant solicitors to act for him, where he was to contract with another client of the same solicitor in a land development. The solicitor failed to disclose that the other client had convictions for dishonesty, and . .
Cited – Burkle Holdings Ltd v Laing TCC 23-Mar-2005
The parties had each instructed the same solicitor, but now disputed the entitlement of the other to see documents held by the solicitor. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 05 July 2022; Ref: scu.222539

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another: CACD 30 Jul 2008

The solicitors had held andpound;5,000 on account of their fees for representing the defendant when he later became subject to a criminal restraint order. They wrote to the respondents saying that they intended to transfer the fees to satisfy their interim account. The respondents refused. The judge had refused to vary the order.
Held: The Revenue had accepted that they would not become entitled to the funds, but still refused to allow its transfer. No contempt of the restraint order would be created by the transfer of the funds. No variation of the order was required to allow the solicitors in this case to transfer the funds.

Judges:

Lord Justice Toulson, Mr Justice Jack and Judge Mettyear

Citations:

Times 27-Aug-2008

Statutes:

Proceeds of Crime Act 2002

Jurisdiction:

England and Wales

Criminal Practice, Legal Professions

Updated: 04 July 2022; Ref: scu.279811

Singleton v The Law Society: QBD 11 Nov 2005

The claimant appealed his striking off the roll of solicitors. He said he had not been dishonest. He was said to have made entries to show receipts into client account to support payments out when such receipts had not occurred. He denied this was dishonest. He also said hat the first allegation of dishonesty was made on the morning of the hearing.
Held: the Tribunal had correctly, if clumsily, applied the Twinsectra test. The respondent had not included the allegation of dishonesty expressly in its notice of proceedings. ‘. . . the failure expressly to allege or particularise dishonesty in a document in advance of the hearing constituted a procedural flaw. ‘ The decision was quashed. However ‘the sanction of striking off may well be appropriate even in cases where dishonesty is not proved but where it is clear that a solicitor has fallen short of the required standards of integrity, probity and trustworthiness. ‘ and the present case is one of wide-ranging and serious conduct unbefitting a solicitor over a long period of time and in the face of a very clear warning on the earlier occasion. Even without proof of dishonesty, the appropriate penalty for the protection of the public and the maintenance of the reputation of the profession is and remains an order that the appellant be struck off the Roll of Solicitors.

Judges:

Mr Justice Penry-Davey Lord Justice Maurice Kay

Citations:

[2005] EWHC 2915 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – 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 – In the matter of a solicitor (Jiwaji) CA 2-Feb-2000
The applicant sought to have set aside an order that he be struck off the roll of solicitors.
Held: The appeal failed. ‘It is true that no loss was in the result caused to any client and that the solicitor is not accused of dishonesty. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 July 2022; Ref: scu.237824

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 as it may think fit’ under section 47(2) of the 1974 Act. ‘

Citations:

[2005] EWCA Civ 1473

Links:

Bailii

Statutes:

Solicitors Act 1974 49(1)(a), Solicitors (Disciplinary Proceedings) Rules 1994

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Master of Rolls ex parte Mckinnell QBD 16-Sep-1992
The Law Society may appeal against a decision of the disciplinary tribunal. . .
Cited – Camacho, Regina (on the Application of) v The Law Society Admn 12-Jul-2004
The Solicitors Disciplinary Tribunal had suspended the applicant, with recommendations as to conditions to be imposed by the Law Society if the suspension was later lifted. The solicitor appealed.
Held: The Tribunal itself had power to impose . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 04 July 2022; Ref: scu.236373

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, including particularly the payment of refreshers.

Judges:

Gray J

Citations:

[2005] EWHC 1763 (QB), Times 07-Oct-2005

Links:

Bailii

Statutes:

Criminal Defence Service (Funding) Order 2001

Jurisdiction:

England and Wales

Citing:

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

Costs, Legal Professions, Legal Aid

Updated: 04 July 2022; Ref: scu.229756

1 Pump Court Chambers v Horton: EAT 2 Dec 2003

The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract protection within the Act.
EAT Disability Discrimination – Disability.

Judges:

The Honourable Mr Justice Burton (P)

Citations:

UKEAT/775/03, Times 14-Apr-2004, [2003] UKEAT 0775 – 03 – 0212

Links:

Bailii, EAT

Statutes:

Disability Discrimination Act 1995 13(4)

Jurisdiction:

England and Wales

Citing:

Cited – General Medical Council v H Cox EAT 22-Mar-2002
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not . .
Cited – Jones v Secretary of State for Social Services; Jones v Hudson HL 1972
Unsatisfactory decisions of the highest court could cause uncertainty because lower courts tend to distinguish them on inadequate grounds.
One possible source of law is ‘informed professional opinion’. The word ‘final’ can denote different . .
Cited – Tower Boot Company Limited v Jones CA 11-Dec-1996
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of . .
Cited – Goodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Cited – Aziz v Trinity Street Taxis Ltd CA 26-Feb-1988
An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race . .
Cited – General Medical Council v H Cox EAT 22-Mar-2002
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not . .
Appealed to – Higham of 1 Pump Court Chambers v Horton CA 15-Jul-2004
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade . .

Cited by:

Appeal from – Higham of 1 Pump Court Chambers v Horton CA 15-Jul-2004
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Legal Professions, Employment

Updated: 04 July 2022; Ref: scu.194198

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) that the material to which the order related included ‘items subject to legal privilege’. The definition of ‘items subject to legal privilege’ was to be found in section 10(1) of the 1984 Act.
Held: On a purposive construction of section 10(2), the relevant ‘intention’ did not have to belong to the particular person holding the items; rather, if the intention of furthering a criminal purpose were held by anyone, the items would lose their privilege. A drug trafficker with criminal intent could not protect himself by placing his documents in the hands of a solicitor. Privilege belonged to the client, not the solicitor, and a criminal intent disentitled the client to privilege.’ A solicitor ought to consult his client before relying upon a claim for legal professional privilege for that client’s documents. (Lord Griffiths) ‘I have no doubt that . . if an order to give access to documentation is made under section 27, the solicitor-client relationship provides a reasonable excuse within the meaning of the section for the solicitor to take his client’s instructions as to whether the order should be contested.’ Lord Goff: Section 10 expresses, but does not amend or vary, the common law position with regard to legal professional privilege.
The House approved the first part of Glidewell LJ’s reasoning in Snaresbrook:- ‘I have to recognise that . . . my conclusion in the present case undermines part of the reasoning of Glidewell LJ [in the Snaresbrook case]. But it does not necessarily undermine the conclusion of the Divisional Court in that case. This is because I am inclined to agree with Glidewell LJ that the common law principle of legal professional privilege cannot be excluded, by the exception established in R v Cox and Railton 14 QBD 153 in cases where a communication is made by a client to his legal adviser regarding the conduct of his case in criminal or civil proceedings, merely because such communication is untrue and would, if acted upon, lead to the commission of the crime of perjury in such proceedings’ (emphasis supplied).

Judges:

Lord Griffiths, Lord Goff of Chieveley

Citations:

[1989] 1 AC 347

Statutes:

Drug Trafficking Offences Act 1986 27(4)(ii), Police and Criminal Evidence Act 1984 10(1) 27(4(1)

Jurisdiction:

England and Wales

Citing:

Overruled in part – Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions 1988
The defendant was charged with attempting to pervert the course of justice by making a false allegation of assault against the police. It was said that he must have made a false statement in his application for legal aid for the purpose of bringing . .
Cited – Regina v Cox and Railton 1884
(Court for Crown Cases Reserved) The defendants were charged with conspiracy to defraud a judgment creditor of the fruits of a judgment by dishonestly backdating a dissolution of their partnership to a date prior to a bill of sale given by Railton . .

Cited by:

Cited – Abbey National Plc v Clive Travers and Co (a Firm) CA 18-May-1999
The defendants appealed an order for discovery saying it would infringe their duty of confidence to their clients. The firm had acted for the buyer, seller and lender. A fraud on the lender was alleged. The solicitors sought to rely upon the . .
Cited – P v P (Ancillary Relief: Proceeds of Crime) FD 8-Oct-2003
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief . .
Cited – Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court Admn 20-Dec-2002
Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed.
Held: The details required, namely dates of contacts with a certain telephone number were not legally . .
Cited – Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another Admn 15-Nov-2004
In a criminal investigation, the police came to suspect that a junior clerk in a barristers’ chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed . .
Cited – Bowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
Cited – Kuwait Airways Corporation v Iraqi Airways Company (No 6) CA 16-Mar-2005
The defendant company appealed against an order allowing inspection of documents for which litigation privilege had been claimed. It was said that the defendants had been involved in perjury in previous proceedings between the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Crime

Updated: 04 July 2022; Ref: scu.185102

Le Brocq v The Liverpool Crown Court: CACD 1 Aug 2019

Appeal against a wasted costs order against the defence barrister as regards remarks made in his closing speech which were said to have been prejudicial to the fairness of the trial.
Held: Allowed.

Judges:

The Lord Burnett of Maldon LCJ

Citations:

[2019] EWCA Crim 1398

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 19A

Jurisdiction:

England and Wales

Crime, Legal Professions

Updated: 04 July 2022; Ref: scu.641216

Garbutt and Another v Edwards and Another: CA 27 Oct 2005

The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken entirely: ‘steps . . should be taken [to] reflect the fact that, consistent with the indemnity principle, the receiving party should receive reimbursement from the paying party for the costs that he has properly incurred.’

Judges:

Brooke LJ, Tuckey LJ, Arden LJ

Citations:

Times 03-Nov-2005, [2005] EWCA Civ 1206, [2006] 1 WLR 2907, [2006] CP Rep 8, [2006] 1 All ER 553, [2006] 1 Costs LR 143, [2005] NPC 122

Links:

Bailii

Statutes:

Civil Procedure Rules 44.14

Jurisdiction:

England and Wales

Citing:

Cited – Harold v Smith 1860
‘Before stating the principle on which the Master acted on this taxation, it may be as well that I should state what we consider the principle upon which he ought to have acted. I think the question is one of considerable importance, and therefore, . .
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 – Bailey v IBC Vehicles Limited CA 27-Mar-1998
The claimant succeeded in an action for personal injuries. The defendants agreed damages with costs. The claimant was assisted financially by his union. The defendants objected to elements of the bill, and asked for evidence that the bill was not in . .
Cited – Smith v Buller 1875
The plaintiff in a patent case had failed, and now objected to the amount of costs claimed by the defendant.
Held: Sir R Malins V-C said: ‘It is of great importance to litigants who are unsuccessful that they should not be oppressed by having . .
Cited – Wong v Vizards 1997
The solicitors had sent to the client a written fee proposal for a forthcoming case which they said was drafted on ‘the worst case basis’, saying ‘I provided you with a fee proposal which hopefully sets out the fullest extent of your liability to . .
Cited – Anderson v Daniel CA 1924
Sellers of artificial fertilisers were required by law to include in their invoices details of the mixes used. The claimant seller sought payment under an invoice which failed to include the relevant information.
Held: The contract was valid . .
Cited – Shaw v Groom 1970
The landlord unlawfully failed to supply a rent book, and the tenant denied a liability to pay rent because of his illegality.
Held: Where one party carries out a lawful contract, but in an unlawful manner, the lawful contract remains . .
Cited – St John Shipping Corporation v Joseph Rank Limited 1956
The defendants held a bill of lading for part of the cargo carried on the plaintiffs’ vessel from Mobile, Alabama, to Birkenhead. The vessel was over laden and the plaintiffs were guilty of an offence under the 1932 Act. The defendants relied on the . .
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 – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – General of Berne Insurance Company v Jardine Reinsurance Management Limited CA 12-Feb-1998
Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by . .
Cited – Pamplin v Express Newspapers Ltd 1985
A costs judge does not have any power to order discovery to be given: he does not have any power to override a right of privilege. But he has a duty if the respondent raises a relevant factual issue to require the claimant to prove the facts on . .
Cited – Leigh v Michelin Tyre Plc CA 8-Dec-2003
The parties had submitted costs estimates which proved later to be quite inadequate.
Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the . .

Cited by:

Cited – Reynolds v Stone Rowe Brewer (A Firm) QBD 18-Mar-2008
The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error.
Held: the judge should have given reasons for his judgment to allow the parties to assess . .
Cited – Westlaw Services Ltd and Another v Boddy CA 30-Jul-2010
The claimant said that it was due sums from the estate of the deceased solicitor. The executors said that the agreement was unlawful in that it had amounted to an agreement to share fees with an unauthorised body.
Held: The agreement was . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules, Legal Professions

Updated: 04 July 2022; Ref: scu.231514

Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 2005

The appellant sought leave to appeal out of time against an order dismissing his action against the solicitors who had acted for his former spouse in matrimonial proceedings.
Held: Leave was refused.
A solicitor owes his duty to his own client, not to the opponent. The action and the appeal were totally without merit. The claimant sought also to appeal against his undertaking given to avoid a civil restraint order. The rules now required the court in any event to consider such an order where it found an application to be totally without merit. In the circumstances the applicant had not broken the undertaking given, and no restraint order was made.

Judges:

Lloyd LJ

Citations:

[2005] EWCA Civ 1104

Links:

Bailii

Statutes:

Access to Justice Act 1999 55, Civil Procedure Rules 52.10(5)

Jurisdiction:

England and Wales

Family, Civil Procedure Rules, Legal Professions

Updated: 03 July 2022; Ref: scu.229865

Kitchen v Burwell Reed and Kinghorn Ltd: QBD 3 Aug 2005

The court considered the effect of collective conditional fee agreements. The defendant appealed against the decision of the Costs Judge whereby he held that the Claimant was entitled to claim a success fee and that there had been no breach of the indemnity principle.
Held: The appeal failed.
Gray J said: ‘clause 5.8 of the CCFA is to be interpreted as meaning that in the first instance the solicitors will call upon the Union rather than the member to pay their costs. I do not construe clause 5.8 as excluding altogether the liability of the member to pay the solicitors’ costs. The inclusion of the word ‘directly’ presupposes some other, indirect route by which the member may be liable to pay costs, for example if the Union were to withdraw support by annulling legal assistance. I accept that the parties cannot have intended by clause 5.8 that a Defendant would be able to litigate a claim by a Union member without any risk of having to pay that member’s costs. Mr McLaren concedes that this would be a consequence that the draftsman did not intend.’
He considere dthat there was a policy that the courts: ‘if they properly can, to avoid a construction of an agreement which will involve a breach of the indemnity principle because of the unfairness consequent upon such a conclusion’.

Judges:

Gray J

Citations:

[2005] EWHC 1771 (QB), [2006] 1 Costs LR 82

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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: 03 July 2022; Ref: scu.229289

Reeves v Thrings and Long: CA 1996

Solicitors were sued for failing to advise their client fully as to the wisdom of the transaction he was entering into. The client was an experienced businessman.
Held: The claim failed.
Hobhouse LJ said: ‘Once Mr Reeves was told what the legal position was, he required no further advice from Mr Sheppard in order to evaluate its implications and commercial significance. Mr Reeves was an experienced businessman and under no disability.’
Simon Brown LJ said: ‘I cannot accept that Mr Sheppard was under any further duty to his client, any duty to advise him upon the commercial implications or importance of the access provision or to warn him against the risks that it might pose for the future development, operation or sale of the hotel. These matters are well within the client’s competence to appreciate and evaluate for himself, business considerations rather than legal ones.’
Sir Thomas Bingham MR, dissenting, said: ‘It will always be relevant to consider what the solicitor is asked to do, the nature of the transaction and the standing and experience of the client. Thus on the facts here Mr Sheppard was not retained to advise on the wisdom of offering the price Mr Reeves had informally agreed to pay . . But it was in my view Mr Sheppard’s duty to draw Mr Reeves’ attention to any pitfall, particularly any hidden pitfall, the contract might contain.’

Judges:

Sir Thomas Bingham MR, Simon Brown LJ, Hobhouse LJ

Citations:

[1996] PNLR 265

Jurisdiction:

England and Wales

Cited by:

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 – The Football League Ltd v Edge Ellison (A Firm) ChD 23-Jun-2006
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence

Updated: 03 July 2022; Ref: scu.194090

Al-Sabah v Ali and Others: ChD 22 Jan 1999

The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney.
Held: The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society’s practice guidance after Penn and said ‘If instructions come to a solicitor not from the client himself but from a third party claiming to represent the client, the solicitor needs to take special care to satisfy himself that the client wishes him to act, by seeking the client personally or obtaining written confirmation from the client or taking some other step which is sufficient, in the circumstances, to show that the client wants the solicitor to act for him in the matter in question.’ Nor had the solicitors verified that the vendor had received the proceeds of sale. They were liable in negligence. Any indemnity from the Land Registry would be reduced according to the contribution from the solicitors.

Judges:

Ferris J

Citations:

[1999] EWHC 840 (Ch), [1999] EG 11

Links:

Bailii

Statutes:

Land Registration Act 1925 83(2)

Jurisdiction:

England and Wales

Citing:

Cited – Penn v Bristol and West Building Society and Others ChD 19-Jun-1995
Solicitors acting for a vendor were liable to the buyers’ mortgagees for breach of warranty of authority for vendor. The solicitor was negligent in not having verified the instructions from the wife who was the joint tenant. . .
Cited – Gale v Superdrug Stores Plc CA 25-Apr-1996
The right to resile from an admission made in pleadings is lost only if there can be found proof of prejudice to the other party. It is a matter for the judge’s discretion.
The court set out the principles on which it should act when it is . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Land, Legal Professions, Professional Negligence

Updated: 01 July 2022; Ref: scu.341193

Dean and Dean (A Firm) v Angel Airlines Sa and others: ChD 11 Mar 2009

The claimant solicitors sought to have set aside a statutory demand. They had held sums, but on presentation of his bill, the clients terminated the retainer, and claimed it improper for him to have transferred a substantial sum on account without their prior approval. Whilst the final bill was being taxed the client went into receivership. The bill was very much reduced, and the solicitor was ordered to pay the costs of the taxation. The solicitor then claimed that the new solicitor’s appointment was ineffective, and he had no liability to pay their costs. Increased costs orders were made, and the liquidator issued statutory demands against the partners. Their practices were intervened in. The claimants sought to renew their claims for damages for the breach of authority. There had been various changes in the partnership and the court considered which partners might be liable under which orders.
Held: As to one partner the statutory demand was withdrawn since he was not a partner at the appropriate time. As to the others the statutory demand should not be set aside.

Judges:

Patten J

Citations:

[2009] EWHC 447 (Ch)

Links:

Bailii

Statutes:

Partnership Act 1890 14

Jurisdiction:

England and Wales

Legal Professions, Insolvency

Updated: 01 July 2022; Ref: scu.317961

Rose v Dodd: CA 27 Jul 2005

The Law Society had intervened in the claimant’s employer’s solicitors practice. The claimant appealed refusal of an award of a redundancy payment.
Held: The intervention did not necessarily bring to an end the employer’s business, and therefore there was no necessary redundancy situation implied only because of the intervention. The contracts of employment were not frustrated by a temporary interruption in the supply of services by the employer.

Judges:

Lord Phillips of Worth Matravers MR, Waller LJ, Mummery LJ

Citations:

[2005] EWCA Civ 957, Times 16-Aug-2005

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Citing:

Appeal from – Rose v Dodd EAT 30-Nov-2004
. .
Cited – Brace v Calder 1895
The dissolution of the employing partnership brings a contract of employment to an end.
Rigby LJ said: ‘a contract to serve four employers cannot, without express language, be construed as being a contract to serve two of them . . the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Employment

Updated: 01 July 2022; Ref: scu.229028

Simms and others v The Law Society: CA 12 Jul 2005

The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor said that whilst an appeal was outstanding in the disciplinary proceedings, it was wrong to grant summary judgment.
Held: A successful appeal need not mean that the intervention would necessarily be withdrawn. The test for that was whether the Law Society had ‘reason to suspect dishonesty’. The disciplinary appeal had in any event since failed. No other order now remained realistic. As to costs (andpound;150,000), the Society had claimed to be entitled to be paid its costs on an indemnity basis. The acts which led to the intervention must have been within the knowledge of the appellants. ‘The courts have declined to lay down any general guidance on the principles which should lead to an award of costs on the indemnity basis. However . . costs will normally be awarded on the standard basis ‘unless there is some element of a party’s conduct of the case which deserves some mark of disapproval. It is not just to penalise a party for running litigation which it has lost. Advancing a case which is unlikely to succeed or which fails in fact is not a sufficient reason for the award of costs on the indemnity basis’ Therefore when considering an application for the award of costs on the indemnity basis, the court is concerned principally with the losing party’s conduct of the case, rather than the substantive merits of his position. The court had to look at the proportionality of the action. The judge had erred in his application of the Lownds criteria, and an order for payment of costs on the standard basis was substituted. As to the order for interim payment, though the sums were substantial, the judge had exercised a discretion and hhe appeared to be justified.

Judges:

Carnwath, Sedley, Auld LJJ

Citations:

[2005] EWCA Civ 849

Links:

Bailii

Statutes:

Solicitors Act 1974

Jurisdiction:

England and Wales

Citing:

Cited – Buckley v Law Society (No 2) ChD 1984
A court deciding a case about a solicitor under paragraph 6(5) of schedule 1 should come to its conclusion in the light of all the evidence existing at the time the matter came to be decided and not at the time of the relevant intervention. When . .
Cited – Holder v Law Society CA 24-Jan-2003
The Society had intervened in the applicant’s legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an . .
Cited – Dooley v The Law Society (No 1) ChD 15-Sep-2000
When considering an application for the Law Society to be ordered to withdraw an intevention in a solicitor’s practice, the court undertakes a two stage process: ‘First it must decide whether the grounds under paragraph 1 are made out; in this case, . .
Cited – Kiam II v MGN Ltd (2) CA 6-Feb-2002
An appeal against a damages award in a defamation case had been unsuccessful. The claimant now appealed for the award of indemnity costs. The claimant had made an offer of compromise, which had been ignored by the defendant.
Held: If a party . .
Cited – Home Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .
Cited – Dyson Appliances Limited v Hoover Limited (No 4) PatC 18-Feb-2003
The court refused to make an order for a payment of interim costs when the substantive claim for costs remained to be heard. The claimant had accepted a payment in entitling it to its costs, but now sought an interim award before the full costs . .
See Also – Simms v Law Society Admn 17-Mar-2005
The appellant challenged being struck of the solicitors roll.
Held: ‘The most serious finding of the Tribunal was, of course, that [Mr Simms] was dishonest. We agree with the Tribunal that the pattern of behaviour by [Mr Simms] establishes . .
Appeal from – Simms v Law Society Admn 17-May-2005
. .

Cited by:

Cited – Conlon and Another v Simms ChD 9-Mar-2006
Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to . .
Cited – Ghafoor and others v Cliff and others ChD 11-Apr-2006
The applicant had obtained revocation of a grant of administration ad colligenda bona in the estate, and having succeeded, now sought costs. The question was whether there had been proper reasons for the application for the grant. The deceased’s . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 01 July 2022; Ref: scu.228432

S v Switzerland: ECHR 28 Nov 1991

ECHR Judgment (Merits and just satisfaction) – Violation of Art. 6-3-c; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings.
A number of the applicant’s meetings with his lawyer were supervised by a police official, and his letters to his lawyer were intercepted and used for graphological reports.
Held: ‘an accused’s right to communicate with his advocate out of the hearing of a third person is part of the basic requirements of a fair trial in a democratic society and follows from Article 6(3)(c) of the Convention. If a lawyer were unable to confer with his client and receive confidential instructions from him without such surveillance, his assistance would lose much of its usefulness, whereas the Convention is intended to guarantee rights that are practical and effective (see inter alia the Artico judgment of 13 May 1980, series A no.37, p.16, para.33).’

Citations:

12629/87;13965/88, [1991] ECHR 54

Links:

Bailii

Cited by:

Cited – Brennan v The United Kingdom ECHR 16-Oct-2001
The applicant had complained that, after his arrest he had been refused adequate access to a lawyer. He had not been allowed to see his solicitor for two days, and only then in the presence of a police officer. No inferences had been drawn from his . .
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.

Human Rights, Legal Professions, Police

Updated: 01 July 2022; Ref: scu.227232

Walker, Re Solicitor’s Act 1974, No 13 of 2001: CA 24 Oct 2001

Appeal from the decision of the Appeals Committee of the Office for the Supervision of Solicitors imposing a condition on the Practising Certificate for the year 2000/2001, whereby he is required to practise in an approved partnership.

Citations:

[2001] EWCA Civ 1596

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 01 July 2022; Ref: scu.218477

Re a debtor No 833 of 1993 and No 834 of 1993: ChD 1994

The court allowed a solicitor’s statutory demand to lie despite the debtors’ argument based on the right to taxation of the underlying bill. ‘Solicitors would be placed in an intolerable position if no statutory demand could be served as long as it was open to the client to apply for taxation.’ and, for completeness: ‘there is nothing to prevent [the debtors] from now applying for leave to tax the bill. If leave is given and the bill is taxed down, they will be entitled to repayment of an excess over the amount of the taxed bill which they have paid. What they cannot do is to defer paying any substantial part of the bill until the process of applying for leave and, if leave is granted, taxing the bill as being completed.’

Judges:

Vinelott J

Citations:

[1994] NPC 82

Jurisdiction:

England and Wales

Cited by:

Cited – Truex v Toll ChD 6-Mar-2009
The bankrupt appealed against an order in bankruptcy made against her on application by her former solicitors in respect of their unpaid costs. The bankrupt said that since the bill was yet untaxed, it might be altered and could not base a statutory . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Legal Professions

Updated: 01 July 2022; Ref: scu.317858

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 the intervention was withdrawn. The judge expressed unhappiness that the consequences of the intervention were so serious for the applicant. The Society Panel had made their decision on the basis of their suspicions of dishonesty, but they had not recorded their reasons for that conclusion, nor had they given evidence at court to support their conclusions, and nor despite the extensive attempts by the Society to find evidence after the event. There was nothing to support the suggestion of dishonesty. There had been breaches of the rules, but the response of the Society had been disporoprtionate.

Judges:

Park J

Citations:

[2006] 4 All ER 717, [2005] EWHC 1409 (Ch)

Links:

Bailii

Statutes:

Solicitors Act 1974 35

Jurisdiction:

England and Wales

Citing:

Cited – Giles v The Law Society CA 20-Oct-1995
A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application . .
Cited – Holder v Law Society ChD 25-Jul-2002
The applicant solicitors’ practice had been subject to an intervention by the respondent. He claimed that by intervening in his practice, his human right to enjoy his possessions without interference had been infringed.
Held: The power of . .
Cited – Potter v Law Society 20-Dec-1999
The Law Society intervened in the solicitor’s practice where there were considerable grounds to suspect that the solicitor was knowingly allowing his firm to be used in connection with a large fraud, even if he was not a participant in the fraud . .
Cited – Buckley v Law Society (No 2) ChD 1984
A court deciding a case about a solicitor under paragraph 6(5) of schedule 1 should come to its conclusion in the light of all the evidence existing at the time the matter came to be decided and not at the time of the relevant intervention. When . .
Cited – Sritharan v Law Society CA 27-Apr-2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The . .
Cited – Dooley v Law Society (2) ChD 23-Nov-2001
The respondent intervened in the claimant’s legal practice. He claimed a duty on the Law Society to administer his former practice in such a way as to maximize recovery of outstanding fees and disbursements.
Held: The Law Society had no duty . .
Cited – Law Society v Bultitude CA 16-Dec-2004
The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years.
Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off . .
Cited – 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. . .

Cited by:

Appeal from – Sheikh v The Law Society of England and Wales CA 23-Nov-2006
The solicitor had asked the court to set aside the intervention in her practice by the Society. The Society appealed an order that the notices be withdrawn.
Held: The court in making its order had not given proper weight to the history of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 01 July 2022; Ref: scu.228239

Denton v Denton and Other: FD 1 Mar 2004

The solicitor had written in his client care letter that ‘we have agreed that a claim for costs will not be made until money is received at the end of the case’. The client resisted a request to pay counsel’s fees.
Held: Solicitors should take great care with their client care letters, but the letter should be construed purposively, and it was clear that the solicitor was agreeing only to postpone his own claim for costs.

Citations:

Times 14-Apr-2004

Jurisdiction:

England and Wales

Citing:

Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 30 June 2022; Ref: scu.195741

Re Maye, Application for Permission: Admn 28 Feb 2005

The claimant renewed his application for permission to claim judicial review after refusal by Moses J to challenge the decision of the Legal Services Ombudsman who he had been asked to investigate the handling by the Law Society, via its Office for the Supervision of Solicitors, of complaints which he had about the service provided by solicitors who had been instructed in relation to the administration of the estate of the claimant’s late father.
Held: The application was misconceived: 2the Ombudsman’s primary function is to investigate the complaints handling of the professional bodies and not to consider the original complaint made against the members of the legal profession.’

Citations:

[2005] EWHC 1217 (Admin)

Links:

Bailii

Legal Professions

Updated: 30 June 2022; Ref: scu.226737

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 allowed. The proceedings had been infected with an unlawful purpose in the police actions. The recordings were categorically unlawful and proceedings based upon such activities were an abuse. Should the proceedings have been stopped, where, as here, no prejudice to the defendant had been shown? The police actions were such an affront to the integrity of the justice system, that a conviction, even if not based upon the results of such eavesdropping, could not stand. The importance of legal professional privilege was so clear that no great list of authorities were required to support it.

Judges:

Laws LJ, Dame H Steele, Martin Stephens QC

Citations:

Times 12-May-2005, [2005] EWCA Crim 1089, [2005] 3 WLR 437, [2005] 2 Cr App R 28, [2006] QB 60, [2005] Crim LR 955

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .

Cited by:

Criticised – 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 . .
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.

Police, Legal Professions

Updated: 30 June 2022; Ref: scu.224867

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 court did not have a power to lift the suspension without at the same time directing the Law Society to withdraw its intervention. The power to ask the Society was implicit only, and the court should be slow to interfere in the Society’s actions save in a clear case. The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination.

Judges:

Chadwick, May Rix LJJ

Citations:

[2005] EWCA Civ 476, Times 11-May-2005, [2005] 1 WLR 2708

Links:

Bailii

Statutes:

Solicitors Act 1974 Sch1 p6(4)

Jurisdiction:

England and Wales

Citing:

Cited – Law Society v Bultitude CA 16-Dec-2004
The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years.
Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off . .
Cited – Dooley v Law Society (2) ChD 23-Nov-2001
The respondent intervened in the claimant’s legal practice. He claimed a duty on the Law Society to administer his former practice in such a way as to maximize recovery of outstanding fees and disbursements.
Held: The Law Society had no duty . .
Cited – Holder v Law Society CA 24-Jan-2003
The Society had intervened in the applicant’s legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an . .
Cited – Wright v The Law Society Admn 4-Sep-2002
‘The Law Society has to take into account the public interest in deciding whether to exercise its powers of intervention at all. The public interest requires a balance to be struck between the draconian effect of intervention and the matters . .
Cited – Giles v The Law Society CA 20-Oct-1995
A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application . .
Appeal from – 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. . .

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 . .
Cited – Ahmed and Co, Biebuyck Solicitors, Dixon and Co and Others, Re; Law Society ChD 14-Mar-2006
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 29 June 2022; Ref: scu.224482

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

The claimants had obtained summary judgment on their claim for their fees for complex litigation. The defendants sought leave to appeal saying that the bill was not a final statute bill.

Judges:

Cox DBE J

Citations:

[2011] EWHC 1517 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974 70

Jurisdiction:

England and Wales

Legal Professions

Updated: 29 June 2022; Ref: scu.441226

Pritchard Joyce and Hinds v Batcup and Another: QBD 17 Jan 2008

The claimant solicitors sought contributions from counsel to the damages they had been obliged to pay to their client in negligence.
Held: Underhill J said: ‘My task is not to seek to decide definitively whether LL were liable in negligence to Mr and Mrs Fox for the amount of the loss settlement, but simply to decide whether the claim had a real and substantial prospect of success and thus constituted a thing of real value . . Even if there may sometimes be cases where it is open to the court, in effect, to try the lost action, this is certainly not one of them . . In performing that task I ought to take into account the principle deriving from Armory v. Delemirie (1722) 1 Strange 505, that if the negligence of the defendant has led to evidence being unavailable which might otherwise have assisted the victim of that negligence, he should not have the benefit of any consequent doubt.’

Judges:

Underhill J

Citations:

[2008] EWHC 20 (QB), [2008] Lloyd’s Rep PN 8

Links:

Bailii

Statutes:

Civil Liability (Contribution) Act 1978

Jurisdiction:

England and Wales

Citing:

Cited – Dixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
Cited – Armory v Delamirie KBD 1722
A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled ‘unless the defendant did produce the . .

Cited by:

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: . .
Appeal From – 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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 29 June 2022; Ref: scu.280277

Simms v Law Society: Admn 17 Mar 2005

The appellant challenged being struck of the solicitors roll.
Held: ‘The most serious finding of the Tribunal was, of course, that [Mr Simms] was dishonest. We agree with the Tribunal that the pattern of behaviour by [Mr Simms] establishes that he was not merely foolish and credulous. He was prepared on occasion dishonestly to mislead in relation to the purpose of various transactions . . Accordingly we agree that his activities were, unfortunately, properly described as dishonest. That being the case, the order that [Mr Simms] be struck off the Roll is inevitable . .’

Judges:

Latham LJ, Curtis J

Citations:

[2005] EWHC 408 (Admin)

Links:

Bailii

Cited by:

See Also – Simms v Law Society Admn 17-May-2005
. .
See Also – Simms and others v The Law Society CA 12-Jul-2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor . .
Cited – Conlon and Another v Simms ChD 9-Mar-2006
Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 29 June 2022; Ref: scu.223637

Gray v Going Places Leisure Travel Ltd: CA 7 Feb 2005

Appeal against wasted costs order.

Judges:

Neuberger LJ

Citations:

[2005] EWCA Civ 189

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Drew v Whitbread CA 9-Feb-2010
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 29 June 2022; Ref: scu.223229

Law Society v Bultitude: CA 16 Dec 2004

The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years.
Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off should be seen as the almost inevitable consequence of dishonesty, and a solicitor should not escape the penalty only because he had been caught before he had opportunity to make good the default.

Judges:

Kennedy LJ, Law LJ, Lady Justice Arden

Citations:

Times 14-Jan-2005, [2004] EWCA Civ 1853

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Weston v Law Society CA 15-Jul-1998
A solicitor whose partner had taken charge of accounts and had defaulted remained himself properly subject to discipline under the Solicitors Act. The duty falling on solicitors is very high when dealing with client funds. The striking off of a . .

Cited by:

Cited – Sritharan v Law Society CA 27-Apr-2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The . .
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: 29 June 2022; Ref: scu.222848