swarb.co.uk - law index
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Legal Professions - From: 1998 To: 1998
This page lists 74 cases, and was prepared on 02 April 2018.
Joseph Aaron v Joy Okoye [1998] EWCA Civ 25
15 Jan 1998
CA
Lady Justice Butler-Sloss, Lord Justice Hobhouse
Legal Professions, Costs
The plaintiff solicitor had acted for the respondent barrister in legal proceedings. The respondent was unhappy with work done on her behalf by counsel instructed by the plaintiff, and declined to pay. The solicitor taxed his bill excluding counsel's fees, and negotiations proceeded to agree counsel's fees. The respondent then claimed the bill should not have been taxed without counsel's fees. Held: The omission of counsel's fees from the first bill was understandable and did not vitiate the taxation. Nor did the separate delivery of a bill for counsel's fees deny any right to taxation of that bill. Appeal dismissed.
1 Cites
[ Bailii ]
Nationwide Building Society v Various Solicitors Times, 05 February 1998; Gazette, 11 February 1998; [1999] PNLR 52; [1998] TLR 59
20 Jan 1998
ChD
Blackburne J
Legal Professions
Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into existence in furtherance of a criminal or fraudulent purpose, but to overcome the privilege, there must be some prima facie evidence that the allegations of fraudulent or criminal purpose have some foundation of fact. "Provided the solicitor's advice and assistance was employed in furtherance of the iniquity the exception came into play in relation to confidential communications between the solicitor and client which would otherwise be protected by the client's privilege. It mattered not whether the solicitor was engaged to advise in relation to the misrepresentation or whether he was aware that his involvement was in furthering the iniquity."
1 Citers
Stewart v Secretary of State for Scotland (Scotland); HL 22-Jan-1998 - Times, 28 January 1998; [1998] UKHL 3; 1998 SC (HL) 81
Billie Reaveley v Safeway Stores Plc [1998] EWCA Civ 73
27 Jan 1998
CA
Legal Professions
Appeal against wasted costs order.
[ Bailii ]
Regina v Council for Licensed Conveyancers and Discipline and Appeals Committee of Council for Licensed Conveyancers ex parte John Raymond Sidney Godolphin [1998] EWCA Civ 145
4 Feb 1998
CA
Legal Professions
[ Bailii ]
Powells (a Firm) v Harold Williamson [1998] EWCA Civ 201
10 Feb 1998
CA
Legal Professions, Litigation Practice
[ Bailii ]
Robert Lownes v Babcock Power Limited Times, 19 February 1998; Gazette, 08 April 1998; [1998] EWCA Civ 211; [1998] TLR 84
11 Feb 1998
CA
Legal Professions, Personal Injury, Litigation Practice
Where a substantial delay by a solicitor leads to an unless order and puts his client at risk of having case his dismissed, the solicitor should ensure that independent advice is given. An 'unless order' is preliminary to a striking out order.
1 Citers
[ Bailii ]
In the Matter of H-S (Minors) Re Rights of Audience Times, 25 February 1998; [1998] EWCA Civ 204
11 Feb 1998
CA
Legal Professions
Judge had no right to stop an unqualified employee of a solicitor representing a party in proceedings held in chambers under this sub-section.
Courts and Legal Services Act 1990 27(2)(e)
Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc; CA 12-Feb-1998 - Times, 13 February 1998; Gazette, 16 April 1998; [1998] EWCA Civ 224; [1998] 1 WLR 1056; [1998] 2 All ER 673
Regina v Legal Aid Board ex parte Rafina Times, 19 February 1998; Gazette, 11 March 1998; [1998] EWHC Admin 176
12 Feb 1998
Admn
Legal Professions
An assistant to a solicitor wishing to give assistance under the Green Form scheme must be an employee of solicitor, not an independent contractor.
Legal Aid Advice and Assistance Regulations 1989 (1989 No 340) 20
[ Bailii ]
General of Berne Insurance Company v Jardine Reinsurance Management Limited Gazette, 18 March 1998; Times, 20 February 1998; [1998] EWCA Civ 220; [1998] 2 All ER 30
12 Feb 1998
CA
Costs, Legal Professions
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 way of costs than the receiving party is himself liable to pay by relying on a contractual cap agreed between the receiving party and his solicitor.
Solicitors Act 1974 59
1 Cites
1 Citers
[ Bailii ]
Clement Jones (a Firm) v Huntington [1998] EWCA Civ 237
13 Feb 1998
CA
Legal Professions
Claim for legal costs prior to grant of legal aid certificate.
[ Bailii ]
Regina v Law Society ex parte Vokes [1998] EWHC Admin 202
18 Feb 1998
Admn
Legal Professions
[ Bailii ]
Regina v Nasser Times, 19 February 1998
19 Feb 1998
CA
Legal Professions
Where counsel who was freshly instructed on an appeal wanting to criticise counsel who had acted in the lower court, he must act in accordance with the applicable Bar Council guidance.
Regina v In the Matter of a Solicitoin the Matter of Solicitors Act 1974 [1998] EWHC Admin 207
19 Feb 1998
Admn
Legal Professions
[ Bailii ]
Nationwide Building Society v (L) Bryan Lewis; Alyn Williams (Formerly Partners In the Firm of Bryan Lewis and Co) Gazette, 18 March 1998; Times, 06 March 1998; [1998] EWCA Civ 337
24 Feb 1998
CA
Professional Negligence, Legal Professions
Employee solicitor held out as partner was not liable in negligence where he was neither involved in the advice nor holding out relied upon
1 Cites
1 Citers
[ Bailii ]
Quantum Claims Compensation Specialists Ltd v Powell Times, 26 February 1998
26 Feb 1998
OHCS
Scotland, Legal Professions
A contingency agreement for conduct of personal injury litigation was not a pactum de quota litis and the agreement was valid and enforceable
Thai Trading (a Firm) v Margery Taylor and Wilfrid David Taylor (of Taylors Solicitors, Caversham); CA 27-Feb-1998 - Times, 06 March 1998; Gazette, 25 March 1998; Gazette, 16 April 1998; [1998] QB 781; [1998] EWCA Civ 370; [1998] 1 Costs LR 122; [1998] 2 FLR 430; [1998] Fam Law 586; [1998] 3 All ER 65; [1998] 2 WLR 893; [1998] PNLR 698; [1998] 3 FCR 606
Cullen v Campbell Hooper Wright and Supperstone (a Firm) (1) [1998] EWCA Civ 394
4 Mar 1998
CA
Legal Professions
The claimant sought to appeal an order declining to compel the defendant firm of solicitors to deliver up to her the file of papers, claiming a lien for unpaid fees. The fees were for work prior to the grant of legal aid, and were payable by the defendant in the original action but the solicitors had not pursued that claim fearing a similar counterclaim. Held: Leave should not be granted or refused without the defendant solicitors attending to answer questions as to their conduct.
[ Bailii ]
Scarborough Building Society v Howes Percival (a Firm) [1998] EWCA Civ 407
5 Mar 1998
CA
Torts - Other, Vicarious Liability, Legal Professions
[ Bailii ]
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 279
9 Mar 1998
Admn
Legal Professions
[ Bailii ]
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 278
9 Mar 1998
Admn
Legal Professions
[ Bailii ]
Thomas Watts and Co (a Firm) v Malcolm Davies Smith; CA 16-Mar-1998 - [1998] EWCA Civ 468; [1998] 2 Costs LR 59
S v M (Wasted Costs Order) Times, 26 March 1998
26 Mar 1998
ChD
Legal Professions
An application to order a legal representative to pay under a wasted costs order must specify the improper or negligent behaviour complained of.
Supreme Court Act 1981 51
Bailey v IBC Vehicles Limited; CA 27-Mar-1998 - Times, 09 April 1998; [1998] EWCA Civ 566; [1998] 3 All ER 570
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 385
1 Apr 1998
Admn
Legal Professions
[ Bailii ]
Mohammed v Alaga and Co (A Firm) Times, 02 April 1998; Gazette, 29 April 1998
2 Apr 1998
ChD
Legal Professions, Contract
A party to an agreement to share in solicitors' fees contrary to professional rules was unable to enforce it in any way.
Solicitors Practice Rules 1990 (Law Society 1991)
1 Cites
1 Citers
Eversheds (a Firm) v Osman [1998] EWCA Civ 650
7 Apr 1998
CA
Legal Professions
The plaintiff sought payment of its fees for legal services in acting for the defendant in extradition proceedings.
[ Bailii ]
Hogg and Others v Raper and Others; CA 22-Apr-1998 - Times, 22 April 1998; Gazette, 07 May 1998
Bevan Ashford v Geoff Yeandle (Contractors) Ltd (In Liquidation) Times, 23 April 1998; Gazette, 28 May 1998
23 Apr 1998
ChD
Legal Professions
A conditional fee agreement allowing 50 per cent uplift for case being conducted before arbitrator was not unlawful as champerty, even though it was outside range of the proceedings listed for such arrangements.
Courts and Legal Services Act 1990 58
Twinsectra Limited v Yardley, and similar; CA 30-Apr-1998 - [1998] EWCA Civ 759
Penningtons (a Firm) v Brown; CA 30-Apr-1998 - [1998] EWCA Civ 750
Nationwide Building Society v Various Solicitors (No 2) Times, 01 May 1998
1 May 1998
ChD
Legal Professions
Solicitors having released information to complainant lenders in breach of duty of confidence to lay client could not rely upon confidence to restrict the use since confidence belonged to lay clients.
Stanley Kenneth Oates and others v Anthony Pitman and Co (a Firm) [1998] EWCA Civ 797
7 May 1998
CA
Professional Negligence, Legal Professions
Negligent failure to establish planning status.
[ Bailii ]
In the Matter of an Application By Bradford and Bingley Building Society for Leave To Apply for Judicial Review and Council for Licensed Conveyancers, ex parte Bradford and Bingley Building Society [1998] EWHC Admin 504
8 May 1998
Admn
Legal Professions, Judicial Review
[ Bailii ]
Lubrizol Limited v Tyndallwoods Solicitors [1998] EWHC Admin 531
12 May 1998
Admn
Legal Professions, Costs
[ Bailii ]
Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co; CA 21-May-1998 - Gazette, 28 May 1998; Gazette, 24 June 1998; Times, 15 June 1998; [1998] EWCA Civ 868; [1998] 3 All ER 213; [1999] QB 309
Awad Awwad v Geraghty and Co; CA 5-Jun-1998 - [1998] EWCA Civ 912
Esterhuizen and Another v Allied Dunbar Assurance Plc Gazette, 15 July 1998; Times, 10 June 1998
10 Jun 1998
QBD
Legal Professions, Professional Negligence, Wills and Probate
A non-professional will writing agency should be subject to the same standards of professional negligence in drawing up wills as a recognised lawyer. This is necessary to protect members of the public using will writing services. "the process of signature and attestation is not completely straightforward and disaster may ensue if it is not correctly done. Any testator is entitled to expect reasonable assistance without having to ask exprssly for it. It is in my judgment not enough just to leave written instructions with the testator. In ordinary circumstances just to leave written instructions and to do no more will not only be contrary to good practice but also in my view negligent."
1 Cites
Christie v Wilson; McVicar and Alexside Limited; CA 10-Jun-1998 - Times, 06 July 1998; Gazette, 29 July 1998; [1998] EWCA Civ 951
Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors); CA 10-Jun-1998 - Times, 15 June 1998; Gazette, 01 July 1998; [1998] EWCA Civ 958; [1999] QB 966; [1998] 3 All ER 541; [1998] 3 WLR 925
Zwebner v Mortgage Corporation Plc; Trustee of Property of Zwebner and Brooks and Co [1998] EWCA Civ 1035; [1998] PNLR 769
18 Jun 1998
CA
Robert Walker, Hobhouse and Waller LJJ
Professional Negligence, Legal Professions
The claimant applied for a loan secured against a property owned with his wife. The defendant instructed solicitors who reported on title with an undertaking that documents would be executed before completion. They sent the mortgage to Mr. and Mrs. Zwebner to sign, but Mr. Zwebner forged her signature. She now brought proceedings against the defendant saying that the mortgage did not bind her. The defendant claimed against the solicitors in negligence and for breach of contract in failing to comply with the undertaking given in the report on title. The court considered the general nature and scope of a solicitor's duty acting for a lender. They argued that it would be wrong to construe the undertaking that the documents would be "properly executed" as giving rise to a warranty that they had been signed by Mrs. Zwebner in the presence of a witness. This would transfer the entire risk of fraud onto one who was merely providing professional services. The expression "properly executed" should be limited to matters of form and the mechanics of completion. Held. It was difficult to read the undertaking in the way suggested. The consequences of giving weight to the word "properly" were not so unreasonable as to justify a construction which largely disregarded it. The solicitors were in breach of contract, having accepted an unqualified obligation to obtain the signature of Mrs. Zwebner.
1 Citers
[ Bailii ]
Nicola (Also Known As Hossan) v Harris (Practising As Gabriel Harris Solicitors) and Charalambous; CA 29-Jun-1998 - [1998] EWCA Civ 1110
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 681
29 Jun 1998
Admn
Legal Professions
[ Bailii ]
Cullen v Campbell Hooper Wright and Supperstone (a Firm) (2) [1998] EWCA Civ 1150
3 Jul 1998
CA
Litigation Practice, Legal Professions
Weston v Law Society; CA 15-Jul-1998 - Times, 15 July 1998
Dubai Aluminium Company Ltd v Salaam and Others; QBD 17-Jul-1998 - Times, 04 September 1998; [1998] EWHC 1204 (Comm); [1999] 1 Lloyd's Rep 415
Manderson-Jones v Societe Internationale De Telecommunications Aeronautiques (Sita) [1998] UKPC 33
27 Jul 1998
PC
Commonwealth, Legal Professions
(Jamaica)
[ Bailii ]
Atwell v Perr and Co and Another Times, 27 July 1998
27 Jul 1998
ChD
Professional Negligence, Legal Professions
Counsel advising during conduct of case has immunity but a wrongful advice on appeal was outside his immunity. Work done before a hearing constituting the formulation of case was within the immunity from suit.
1 Cites
Mccalla v the Disciplinary Committee of the General Legal Council [1998] UKPC 37
30 Jul 1998
PC
Commonwealth, Legal Professions
(Jamaica)
[ Bailii ]
Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2); CA 31-Jul-1998 - Times, 17 August 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1372; [1998] 4 All ER 705
Clegg v Hutson Poole (a Firm) [1998] EWCA Civ 1362
31 Jul 1998
CA
Costs, Legal Professions
[ Bailii ]
Citadel Management Inc v Thompson [1998] EWCA Civ 1361
31 Jul 1998
CA
Legal Professions
[ Bailii ]
Connolly-Martin v Davis Times, 17 August 1998
17 Aug 1998
ChD
Legal Professions, Professional Negligence
The claimant appealed against the striking out of her claim for negligence against counsel for her opponent who had signed a consent order purporting to give an undertaking from his client when in fact the client did not consent. Held: The appeal succeeded. A barrister was liable in negligence and breach of warranty to his lay client where he gave an undertaking to the court without first obtaining his client's express authority to do so.
1 Citers
Citadel Management Inc v Equal Ltd and Others Gazette, 23 September 1998; Times, 25 September 1998; [1999] 1 FLR 21
23 Sep 1998
CA
Legal Professions
A solicitor undertaking to repay client funds but who was dependent upon others to fulfil that undertaking and failed to warn of impossibility of fulfilment, was properly found in contempt of court and imprisoned for six months.
1 Citers
Bolkiah v KPMG (A Firm); ChD 25-Sep-1998 - Times, 25 September 1998
Regina v Law Society ex parte Dalton [1998] EWHC Admin 972
16 Oct 1998
Admn
Legal Professions
[ Bailii ]
Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod [1998] EWCA Civ 1569
19 Oct 1998
CA
Legal Professions
1 Cites
1 Citers
[ Bailii ]
In the Matter of a Solicitor and In the Matter of Solicitors Act 1974 [1998] EWHC Admin 987
20 Oct 1998
Admn
Legal Professions
[ Bailii ]
Regina v Complaints Commissioner of General Council of Bar (ex parte Fawzia Amtul-Habib Shuttari) [1998] EWHC Admin 986
20 Oct 1998
Admn
Owen J
Legal Professions
Complaint at solicitors' failure to pay counsel's fees. Delay by clerk in sending fee note.
[ Bailii ]
Mohammed v Alaga and Co (A Firm) Times, 29 July 1999; [1998] EWCA Civ 1654
2 Nov 1998
CA
Lord Justice Simon Brown, Lord Justice Mantell
Legal Professions, Contract
(Application for Leave) An agreement between solicitors and non-solicitors for the payment of a fee for introductions was illegal and unenforceable. Where however the non-solicitor provided services as part of the arrangement, a claim against the solicitors for a quantum meruit rather than in restitution would stand.
Solicitors Practice Rules 1990
1 Cites
1 Citers
[ Bailii ]
C v S and Others (Money Laundering: Discovery of Documents; CA 3-Nov-1998 - Times, 05 November 1998; [1998] EWCA Civ 1474; [1999] 2 All ER 343; [1999] 1 WLR 1551
Estate of M Kingsley (Deceased) v Secretary of State for Transport and Cheshire County Council [1998] EWCA Civ 1676
4 Nov 1998
CA
Legal Professions, Costs
[ Bailii ]
Frazer Harris v Scholfield Roberts and Hill (A Firm) Gazette, 04 November 1998; [1998] 2 FLR 679
4 Nov 1998
FD
Professional Negligence, Legal Professions
Barristers and solicitors have the same immunity from suit in respect of advocacy, but a solicitor may still be liable after settlement at door of court where the substantial fault lay in matters preceding that hearing and preparation of the case.
Appeal Under S 3(c) of Costs In Criminal Cases (General Amendment) Regulations of 1991 Against a Wasted Costs Order Re: Lakha and Boothby Wasted Costs Order 5/97; CACD 6-Nov-1998 - [1998] EWCA Crim 3148
Cullen v Campbell Hooper Wright and Supperstone (a Firm) (3) [1998] EWCA Civ 1713
6 Nov 1998
CA
Legal Professions
[ Bailii ]
Pearless De Rougemont and Co v Pilbrow [1998] EWCA Civ 1717
6 Nov 1998
CA
Legal Professions, Costs
[ Bailii ]
Hughes v Kingston Upon Hull City Council; QBD 9-Nov-1998 - Gazette, 18 November 1998; Times, 09 December 1998; [1999] QB 1193; [1998] EWHC 343 (QB)
Johnson v Gore Wood and Co (a Firm); CA 12-Nov-1998 - [1998] EWCA Civ 1763; [1999] BCC 474
Anthony Bryden Parker v Law Society (2) [1998] EWCA Civ 1915
1 Dec 1998
CA
Legal Professions
Solicitors Act 1974
Chohan v Times Newspapers Limited; Singh and Choudry (a Firm) and Choudry [1998] EWCA Civ 1916
4 Dec 1998
CA
Legal Aid, Legal Professions
1 Cites
1 Citers
[ Bailii ]
Arthur J S Hall and Co (A Firm) v Simons etc Times, 18 December 1998; [1998] EWCA Civ 1943; [1999] 3 WLR 873; [1998] EWCA Civ 3539; [1999] 1 FLR 536; [1999] PNLR 374; [1999] 2 FCR 193; [1998] NPC 162; [1999] Fam Law 215; [1999] Lloyd's Rep PN 47
14 Dec 1998
CA
Lord Bingham of Cornhill LCJ, Mottitt LJ, Waller LJ
Legal Professions, Professional Negligence
The court considered the limits on liability for professional negligence for lawyers in conduct associated with litigation, but outside the courtroom. Held: Though the court must balance the need for protection against negligence by lawyers with the need to avoid re-litigation of issues settled by courts, case law dictates some exemptions, but these must be limited and any doubt resolved against the practitioner.
1 Citers
[ Bailii ] - [ Bailii ] - [ Bailii ]
Prince Jefri Bolkiah v KPMG (A Firm); HL 16-Dec-1998 - Times, 20 April 1999; [1998] UKHL 52; [1999] 2 AC 222; [1999] 1 All ER 517; [1999] 2 WLR 215
Ulster Bank Ltd v Fisher and Fisher [1999] NI 68; [1998] NICh 7
21 Dec 1998
ChNI
Girvan J
Northern Ireland, Legal Professions, Costs
1 Cites
[ Bailii ]