The Commission sought to enforce an order requiring the defendant solicitors firm to produce to it all files on which bills had not yet been submitted. The defendant said that the request was in breach of an arbitration agreement. The commission appealed dismissal of the application. The firms general contract had been terminated leaving the firm owing repayments to the LSC of over pounds 400,000. The firm said that the LSC had changed its system to avoid payment in long running cases until the case finished, and that supported estimates would show a substantial net sum due to the firm, and that the reason for the demand was an unlawful one, namely to improve its position in the arbitration.
Held: The claims were properly matters arising under the contract between the parties, and that dispute was subject to the control to be exercise within the arbitration, and the Commission’s action must be stayed.
Judges:
Jack J
Citations:
[2006] EWHC 1162 (QB)
Links:
Statutes:
Legal Services Commission (Disclosure of Information) Regulations 2000
Jurisdiction:
England and Wales
Citing:
Cited – Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others HL 17-Feb-1993
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The . .
Cited – Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society ChD 22-Jul-2004
The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in . .
Cited by:
See Also – Legal Services Commission v Aaronson and others QBD 26-May-2006
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Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 15 July 2022; Ref: scu.242212