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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: 1994 To: 1994

This page lists 23 cases, and was prepared on 02 April 2018.

 
Shuttleworth and Co v Commissioners of Customs and Excise Lon/94/986A
1994


VAT, Legal Professions
The transfer of funds by a solicitor was part of the overall conveyancing service provided by a solicitor to his client. Therefore, a telegraphic transfer fee could not for VAT purposes, be treated as a disbursement in the solicitor's bill to his client.

 
Re a debtor No 833 of 1993 and No 834 of 1993 [1994] NPC 82
1994
ChD
Vinelott J
Insolvency, Legal Professions
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."
1 Citers



 
 Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd; CA 26-Jan-1994 - Independent, 04 February 1994; [1994] Ch 205; [1994] 3 All ER 848; [1994] EWCA Civ 40; [1994] 2 FLR 194; [1994] 3 WLR 462; [1994] Fam Law 560; [1994] EG 15; [1994] BCC 390; [1955-95] PNLR 636; [1997] Costs LR 268
 
Brown v Guardian Royal Exchange Assurance Plc Independent, 11 February 1994; Times, 27 January 1994; Gazette, 02 March 1994
27 Jan 1994
CA

Legal Professions, Litigation Practice
Policy terms negate professional privilege between solicitor and insurance company's solicitor. No privilege against disclosure between firm, solicitors and own insurers.

 
Regina v R Gazette, 30 March 1994; Times, 02 February 1994
2 Feb 1994
CA

Criminal Evidence, Legal Professions
DNA test results which had been obtained by a defendant's solicitor were protected by legal professional privilege from production by a prosecutor for other purposes.
Police and Criminal Evidence Act 1984 10


 
 Casado Coca v Spain; ECHR 24-Feb-1994 - Times, 01 April 1994; [1994] ECHR 8; 15450/89; (1994) 18 EHRR 1
 
Regina v Legal Aid Board ex parte Gilchrist Times, 08 March 1994
8 Mar 1994
CA

Legal Professions
A Solicitor giving advice as a Duty Solicitor via a telephone re-routing service was acting in his own right and within the regulations.
1 Cites

1 Citers


 
In Re A Barrister (Wasted Costs Order) Gazette, 08 June 1994; Gazette, 30 March 1994; Times, 15 March 1994; Independent, 15 March 1994
15 Mar 1994
CA

Legal Professions, Litigation Practice
Barrister to pay wasted costs where he had no system for discovering the listing of cases. It was his personal responsibility for keeping abreast of such listings.

 
Regina v Law Society, ex parte Matthews Unreported, 17 March 1994
17 Mar 1994

Latham J
Legal Professions
The court considered the management of the statutory Solicitors Compensation Fund: "Given, however, what I have already said about the statutory purpose of the compensation fund, it seems to me that it is appropriate to say that the clearest case in which a grant will be made, pursuant to an application for compensation, will be where the solicitor himself has been dishonest and obtained money himself from the applicant which the applicant has thereby lost. That being the general rule, it seems to me that the Law Society is entitled to say that the further the application departs from that particular set of circumstances, the more cautious the Law Society should be in making a grant. It follows that any circumstance which takes the facts behind an application outside that general rule will be a relevant consideration for the Law Society to take into account. "
Solicitors Act 1974 36
1 Citers



 
 KPMG Peat Marwick McLintock v The HLT Group; QBD 18-Mar-1994 - Independent, 18 March 1994; [1995] 2 All ER 180
 
Re A Solicitor Ind Summary, 21 March 1994
21 Mar 1994
QBD

Legal Professions
Solicitors Disciplinary Tribunal was told to set out its findings in a more orderly fashion.

 
Perry v Edwin Coe (A Firm) Independent, 01 April 1994
1 Apr 1994
ChD

Legal Professions
A solicitor was acting in breach of his professional duty in holding back information from one of three clients.

 
Regina v Law Society ex parte Singh and Choudry (A Firm) Gazette, 03 August 1994; Times, 01 April 1994; [1994] Admin LR 249
1 Apr 1994
QBD

Legal Professions
The disciplinary jurisdiction of the Law Society is not dependent on prejudice having been shown to have affected any client. The jurisdiction is disciplinary in nature, its intention being to maintain standards in the profession.
1 Citers


 
In Re A Solicitor (Co/1535/93) Times, 05 April 1994
5 Apr 1994
QBD

Legal Professions
Solicitors Disciplinary Tribunal to structure decisions more effectively.

 
Re A Solicitor Independent, 28 April 1994
28 Apr 1994
CA

Legal Professions
No appeal from Solicitors Disciplinary Tribunal on interlocutory matters.
Solicitors Act 1974 49(1)(b)

 
Ex Parte Toms, Latimer and Nightingale Times, 05 May 1994
5 May 1994
QBD

Legal Professions
Student members of Inns had standing to challenge refusal of places on course.

 
Re A Solicitor Ind Summary, 09 May 1994; Gazette, 03 August 1994
9 May 1994
CA

Legal Professions
Appeal against Solicitors Disciplinary Tribunal was not available on interlocutory matters.

 
Practice Direction (Court Dress) Times, 20 July 1994
20 Jul 1994
QBD

Legal Professions
Solicitor advocates in High Court are not to wear wigs - dress codes unchanged.

 
Regina v Council of Legal Education Ex Parte Halstead and Others Times, 11 August 1994; Independent, 09 August 1994
9 Aug 1994
QBD

Legal Professions, Judicial Review
Judicial Review not available to challenge the Bar vocational course - should petition Visitors of Inns.

 
In Re A Barrister (Wasted Costs Order) (No 4 of 1992) Gazette, 07 September 1994
7 Sep 1994
CACD

Legal Professions
A barrister must himself be responsible for keeping abreast of listing details of his matters, and is liable if he fails to do so.

 
Hopkins v Mackenzie Times, 03 November 1994; Independent, 27 October 1994; Gazette, 07 December 1994; [1995] PIQR 43
27 Oct 1994
CA
Hobhouse LJ
Professional Negligence, Professional Negligence, Limitation, Legal Professions
A loss arising from a solicitor's failure to pursue a case arose only when the claim was struck out, not earlier when compromised, and even though value already diminished. Accordingly the limitation period began to run from that time.
Limitation Act 1980
1 Citers



 
 Regina v Derby Magistrates Court Ex Parte B; QBD 31-Oct-1994 - Times, 31 October 1994

 
 Elguzouli-Daf v Commissioner of Police of the Metropolis and Another; CA 16-Nov-1994 - Times, 23 November 1994; [1995] QB 335; [1995] 1 All ER 833; [1994] EWCA Civ 4; [1995] 2 WLR 173
 
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