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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Legal Professions - From: 1993 To: 1993

This page lists 33 cases, and was prepared on 02 April 2018.

 
Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) [1993] Ch 171
1993
CA
Scott LJ
Legal Professions, Costs
A clause entitling a mortgagee to recover legal costs from the mortgagor did not extend to costs that were unreasonably incurred or which were unreasonable in amount. Whether costs were unreasonably incurred or were unreasonable in amount was to be determined in accordance with the rules governing the taxation of costs on the indemnity basis under the Rules of the Supreme Court. The burden of showing that the costs were unreasonable in either respect was on the mortgagor and so that any doubts on those matters were to be resolved in favour of the mortgagee.
1 Cites

1 Citers


 
Connell v Odlum [1993] 2 NZLR 257
1993

Thomas J
Commonwealth, Legal Professions
(New Zealand Court of Appeal) The agreement settling their ancillary affairs was found to be invalid after the wife's solicitors had failed properly to explain its effect to her. The husband sued her solicitor in negligence. The solicitor applied to have the claim struck out on the basis that he owed no duty of care to the husband in advising the wife. He did not succeed before the High Court and appealed. Held: The husband had an arguable claim against the solicitor, so that the application to strike out was properly declined. The solicitor had in effect stepped outside his role as his client’s solicitor and accepted with the act of certification a direct responsibility to the other party to the agreement. Once a solicitor has assumed the obligation under the New Zealand statute to certify its requirements have been met, he or she has "undertaken a duty which is ‘separate and different’ from their professional duty to their client and one which they must contemplate will be relied upon by the other party to the agreement."
1 Citers


 
Regina v Clinton [1993] 1 WLR 1181
1993
CACD

Criminal Practice, Legal Professions
Where counsel’s conduct is called in question the general principle requires the court to focus on the impact of the faulty conduct on the trial and result.
1 Citers



 
 Steele Ford and Newton v Crown Prosecution Service (No.2); HL 1993 - [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934

 
 Regina v Visitors to the Inns of Court ex parte Calder; CA 1993 - [1994] QB 1; [1993] 3 WLR 287
 
Lillicrap v Nalder [1993] 1 WLR 94
1993
CA
Dillon, Russell, Farquharson LJJ
Litigation Practice, Legal Professions
A property developer sued his solicitor for negligent advice on the purchase of a property. The solicitor wished to rely on previous retainers, in which the developer had ignored advice, so as to challenge the developer's assertions that, with proper advice, the developer would not have purchased the property. Held:
Dillon LJ, adopted the formulation of the scope of waiver set out by May J at first instance: "A client who sues his solicitor invites the court to adjudicate the dispute and thereby, in my judgment, waives privilege and confidence to the extent that is necessary to enable the court to do so fully and fairly in accordance with the law including the law of evidence. I suspect that at the fringes each case will depend on its own facts. Normally the waiver will extend to facts and documents material to the cause of action upon which the plaintiff sues and the defendant's proper defence to that cause of action. The bringing of a claim for negligence in relation to a particular retainer will normally be a waiver of privilege and confidence for facts and documents relating to that retainer, but not without more for those relating to other discrete retainers" Dillon LJ then added: "The waiver can only extend to matters which are relevant to an issue in the proceedings and, privilege apart, admissible in evidence. There is no waiver for a roving search into anything else in which the Solicitor or any other solicitor may have happened to have acted for the clients. But the waiver must go far enough, not merely to entitle the plaintiff to establish his cause of action, but to enable the defendant to establish a defence to the cause of action if he has one. Thus, it would extend to matters under earlier retainers, as in the hypothetical example I have given, which established that the experience of the client, was, to the knowledge of the solicitor, such that the solicitor was not in breach of duty as alleged."
Russell LJ expressed the test: "by bringing civil proceedings against his solicitor, a client impliedly waives privilege in respect of all matters which are relevant to the suit he pursues and, most particularly, where the disclosure of privileged matters is required to enable justice to be done. This is another way of expressing the view that May J expressed in his judgment in the passage to which Dillon LJ has referred."
Farquharson LJ said: "For my part, I would have difficulty in holding that the defendants should, as a matter of principle, be prevented from adducing evidence which is relevant to that issue. A proper interpretation of the waiver in this case is, in my judgment, one that embraces not only the documents and advice arising from the Heligan Manor transaction, but also documents or information otherwise subject to privilege which are relevant to the issues between the parties and it would be unfair to exclude."
1 Citers


 
Madurasinghe v Penguin Electronics (A Firm) Gazette, 13 January 1993; [1993] 1 WLR 989
13 Jan 1993
CA

Costs, Legal Professions, Litigation Practice
A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction.
County Court Rules 1981 38(24)(6) - Solicitors Act 1974 74

 
Hambrook v Fox Unreported, 8 February 1993
8 Feb 1993
CA
Peter Gibson LJ
Registered Land, Legal Professions
The general boundaries rule does not mean that the plan used in a contract or transfer may be ignored.
Land Registration Rules 1925 278
1 Citers


 
Lord Napier and Ettrick and Another v Hunter and Others; Same v R F Kershaw Ltd Gazette, 03 March 1993; [1993] AC 713; [1993] 2 WLR 42; [1993] 1 Lloyds Rep 197; [1993] 1 All ER 385
3 Mar 1993
HL
Lord Templeman, Lord Goff, Lord Browne-Wilkinson
Insurance, Legal Professions
Certain insureds sought recovery of a sum which was greater than the sum which had been paid to them by their insurers. The insureds had claimed first on the policies of insurance. Their claims had been met. The insureds then pursued an action in negligence against a third party. Held: On payment by the insurers under the policies of insurance, the doctrine of subrogation had conferred on those insurers an equitable proprietary right in the form of a lien over the settlement monies obtained from the third party. The insurers were entitled to an injunction to restrain distribution of that fund until the amount paid by the insurers had been repaid to them.
Stop loss insurers can prevent payment out before a payment by subrogation. An insured may also agree to carry an excess or franchise, in which case it will have to bear that amount before looking to its insurer, and will as a self-insurer rank last in any recoveries made by way of subrogation from any third party.
Lord Templeman said: "It may be that the common law invented and implied in contracts of insurance, a promise by the insured person to take proceedings to reduce his loss, a promise by the insured person to account to the insurer for monies recovered from a third party in respect of the insured loss, and a promise by the insured person to allow the insurer to exercise in the name of the insured person, rights of actions vested in the insured person against third parties for the recovery of the insured loss if the insured person refused or neglects to enforce those rights of action. ... In my opinion, promises implied in a contract of insurance with regard to rights of action vested in the insured person for the recovery of an insured loss from a third party responsible for the loss, confer on the insurer an equitable interest in those rights of action to the extent necessary to recoup the insurer who has indemnified the insured person against the insured loss."
Lord Browne-Wilkinson said: "In my judgment therefore an insurer who has paid over the insurance monies does have a proprietary interest in monies subsequently recovered by an assured from a third party wrongdoer. Although many of the authorities refer to that right as arising under a trust, in my judgment the imposition of a trust is neither necessary nor desirable: to impose fiduciary liabilities on the assured is commercial undesirable and unnecessary to protect the insurers interests. In my judgment, the correct analysis is as follows. The contract of insurance contains an implied term that the assured will pay to the insurer out of the monies received in reduction of the loss, the amount to which the insurer is entitled by way of subrogation. That contractual obligation is specifically enforceable in equity against the defined fund (i.e. the damages) in just the same way as are other contracts to assign or charge specific property . . Since equity regards as done that which ought to be done under a contract, this specifically enforceable right gives rise to an immediate proprietary interest in the monies recovered from the third party. In my judgment, this proprietary interest is adequately satisfied in the circumstances of subrogation under an insurance contract by granting the insurers a lien over the monies recovered by the assured from the third party. This lien will be enforceable against the funds so long as it is traceable and has not been acquired by a bona fide purchase of a value without notice. In addition to the equitable lien, the insurer will have a personal right of action of action at law to recover the amount received by the assured as monies had and received to the use of the insurer."
Marine Insurance Act 1906
1 Cites

1 Citers


 
White and Another v Jones and Another Gazette, 16 June 1993; Times, 09 March 1993; Independent, 05 March 1993
5 Mar 1993
CA

Negligence, Legal Professions, Professional Negligence
A solicitor's liability in negligence extends to potential beneficiary of will, from delay in making a will.
1 Cites

1 Citers



 
 Regina v Davis; Regina v Rowe; Regina v Johnson; CA 10-Mar-1993 - Gazette, 10 March 1993; [1993] 1 WLR 613; [1993] 97 Cr App R 110

 
 Arab Monetary Fund v Hashim and Others (No 8); CA 30-Apr-1993 - Times, 08 July 1993; Independent, 30 April 1993; (1993) 5 Admin LR 348

 
 In Re Solicitors, Ex Parte Peasegood; QBD 6-May-1993 - Times, 06 May 1993; Independent, 06 May 1993

 
 William Sindall Plc v Cambridgeshire County Council; CA 21-May-1993 - Ind Summary, 28 June 1993; Times, 08 June 1993; [1993] NPC 82 CA; [1994] 1 WLR 1016; [1994] 3 All ER 932; [1993] EWCA Civ 14
 
Re G Ind Summary, 24 May 1993
24 May 1993
FD

Children, Legal Professions
Legal representatives were warned on the danger of being made the subject of costs orders on inappropriate appeals against interim orders.

 
Regina v Lord Chancellor ex parte the Law Society (2) Independent, 22 June 1993; Times, 25 June 1993
22 Jun 1993
QBD

Judicial Review, Costs, Legal Aid, Legal Professions
The introduction of a Standard Fees Criminal Legal Aid regime did not require prior consultation with the Law Society. The rules had been imposed in accordance with the words of the enabling statute.
Legal Aid Act 1988 34

 
Re A Solicitor (Wasted Costs Order) Gazette, 23 June 1993
23 Jun 1993
CA

Legal Professions
A solicitor has a duty to keep the court informed if he is having difficulties with his client's Legal Aid.

 
Hemmens v Wilson Browne (A Firm) Gazette, 08 December 1993; Times, 30 June 1993; [1993] 4 All ER 826
30 Jun 1993
ChD
Judge Moseley QC
Professional Negligence, Legal Professions
A solicitor was not liable in negligence, where his mistake might be yet be rectified; this was an inter vivos transaction and the parties could still resolve the position. Though a solicitor had a duty to the beneficiary of a settlement, the settlor could still perfect the deed.
1 Citers


 
Rooks Rider (A Firm) v J R Steel and Others Times, 01 July 1993; Ind Summary, 13 September 1993
1 Jul 1993
ChD

Legal Professions
An undertaking by one solicitor to another to pay costs must be honoured. A client's fraudulent intent did not vitiate the solicitor's undertaking.

 
Fozal v Gofur Times, 09 July 1993; Ind Summary, 26 July 1993; [1993] CA Transcript 680
9 Jul 1993
CA

Legal Professions, Litigation Practice, Costs
An order for wasted costs against counsel could only be allowed with respect to acts done after 1 October 1991, with the new rules.
Courts and Legal Services Act 1990$ 4
1 Citers


 
Filmlab Systems International Ltd and Another v Pennington and Others Times, 09 July 1993; [1994] 4 All ER Ch D 673
9 Jul 1993
ChD
Aldous J
Litigation Practice, Costs, Legal Professions
In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party's advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.
1 Citers


 
Holden and Co v Crown Prosecution Service (No 2); Steel Ford and Newton v Crown Prosecution Service and Another (No 2) Gazette, 14 July 1993; [1994] 1 AC 22; [1993] 2 All ER 769; [1993] 2 WLR 934
14 Jul 1993
HL
Lord Bridge of Harwich
Criminal Practice, Costs, Legal Professions
The Court of Appeal had set aside wasted costs orders made in the Crown Court against four different firms of solicitors. Held: The House set aside the orders but was unable to award to the firms their costs of the successful appeals. There is no provision to order costs from Central funds on appeals against costs orders in criminal cases. It was just for a successful litigant, and perhaps a fortiori a successful appellant, to be able to recover his costs from someone, but it was not always so: "it is relatively commonplace for a party who is the victim of a misjudgment by an inferior court or tribunal to have to seek relief by an application for judicial review in circumstances where the Divisional Court cannot hold another party or the inferior tribunal itself liable in costs and there is no power to award costs from public funds."
1 Cites

1 Citers


 
Re Solicitors Independent, 20 July 1993
20 Jul 1993
QBD

Legal Professions
Court may substitute lesser offence despite admission of larger in disciplinary proceedings.

 
in Re a solicitor, No 6 of 1993 Unreported, 23 July 1993
23 Jul 1993
CA
Sir Thomas Bingham MR
Legal Professions
"The purpose of a condition on a practising certificate is not punitive, but is intended to ensure that a solicitor who has run into trouble in a professional capacity is subject to a degree of oversight in the conduct of his professional life at least until he has demonstrated over a period that he is not in need of any such supervision to protect the public"
1 Citers


 
Essex County Council v Regina (Legal Professional Privilege) Ind Summary, 16 August 1993; Times, 18 August 1993
23 Jul 1993
FD
Thorpe J
Children, Family, Legal Professions
The court's duty to a child's welfare can override issues of legal professional privilege if necessary. Parties and their legal professional representatives appearing in a court on a Children's Act matter had a positive duty to disclose material documents, including experts' reports and even where otherwise protected by privilege. If not the court's assessment of the risks facing a child may be distorted.
Children Act 1989


 
 Wood v Law Society; QBD 28-Jul-1993 - Independent, 29 July 1993; Times, 30 July 1993

 
 Regina v Lord Chancellor ex parte Law Society; CA 11-Aug-1993 - Times, 11 August 1993; Independent, 24 September 1993

 
 Clark Boyce v Mouat; PC 4-Oct-1993 - Independent, 12 October 1993; Times, 07 October 1993; Gazette, 03 November 1993; [1994] 1 AC 428; [1993] UKPC 34

 
 British Waterways Board v Norman; QBD 11-Nov-1993 - Ind Summary, 29 November 1993; Times, 11 November 1993; [1993] 22 HLR 232

 
 Oxfordshire County Council v M; CA 15-Nov-1993 - Ind Summary, 15 November 1993; Times, 02 November 1993
 
Target Holdings Ltd v Redferns and Another Independent, 03 December 1993; Times, 24 November 1993; [1994] 1 WLR 1089
24 Nov 1993
CA
Peter Gibson LJ
Legal Professions, Trusts, Equity
Solicitors were liable to mortgagees for mortgage monies which had been out by them paid in advance of the completion of the purchase which would allow the mortgagee's loan to be charged. The basic liability of a trustee in breach of trust was not to pay damages, but to restore to the trust fund that which had been lost to it or to pay compensation to the beneficiary for what he had lost. If a trustee wrongly paid away trust monies to a stranger, there was an immediate loss to the trust fund and the trustee came under an immediate duty to restore the monies to the trust fund. The remedies of equity were sufficiently flexible to require the finance company to give credit for monies received on the subsequent realisation of its security, but otherwise the solicitors' liability was to pay the whole of the monies wrongly paid away.
Peter Gibson LJ said: "The remedy afforded to the beneficiary by equity is compensation in the form of restitution of that which has been lost to the trust estate, not damages. "
Ralph Gibson LJ (dissenting) held that it was necessary for the court to examine the nature of the relationship between the parties out of which the solicitors' equitable duty arose. If, having regard to the relationship and its purpose, the obligations of the parties, its purpose and the obligations of the parties within it, it appeared just to regard the breaches as having caused no loss, because the loss would have happened if there had been no breach, the court should so hold.
1 Cites

1 Citers


 
Regina v Law Society, ex parte Curtin Ind Summary, 13 December 1993; Times, 03 December 1993
3 Dec 1993
CA

Legal Professions, Administrative
The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.
Courts and Legal Services Act 1990 79


 
 Bolton v The Law Society; CA 8-Dec-1993 - Times, 08 December 1993; [1994] 1 WLR 512; [1993] EWCA Civ 32; [1994] 2 All ER 486; [1994] COD 295
 
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