swarb.co.uk - law index
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: 2002 To: 2002
This page lists 79 cases, and was prepared on 02 April 2018.
Langford v The Law Society [2002] EWHC Admin 2802
2002
Legal Professions
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.
1 Citers
Donsland Limited v Nicholas Van Hoogstraton; CA 2002 - [2002] PNLR 26; [2002] EWCA Civ 253
Liberos v Commission C-171/00; [2002] EUECJ C-171/00P
15 Jan 2002
ECJ
European, Legal Professions
ECJ Appeal - Possibility for the Judge-Rapporteur in the Court of First Instance to hear and determine a case sitting as a single Judge - Member of the temporary staff - Classification in grade - Professional experience
[ Bailii ]
Eclipse IT Ltd v TC Designs Ltd [2002] EWCA Civ 48
16 Jan 2002
CA
Legal Professions, Costs
[ Bailii ]
Ellis-Carr, Re Solicitors Act 1974 No 15 of 2001 [2002] EWCA Civ 68
23 Jan 2002
CA
Legal Professions
Solicitors Act 1974
[ Bailii ]
Joseph, Regina (on the Application Of) v Manches and Co [2002] EWCA Civ 188
29 Jan 2002
CA
Legal Professions, Costs
1 Cites
1 Citers
[ Bailii ]
Ezekiel v Lehrer [2002] EWCA Civ 16; [2002] Lloyd's Law Rep PN 260
30 Jan 2002
CA
Lord Justice Ward Lord Justice Jonathan Parker And Mr Justice Harrison
Legal Professions, Professional Negligence, Limitation
The applicant claimed that his solicitor had been negligent with regard to the execution of a mortgage. The solicitor said his claim was time barred. The claimant said the solicitor had hidden the true situation from him, and the solicitor replied that he had merely refused to answer a question put to him, but had instead advised him to take independent advice. The claimant appealed a finding against him. Held: The claimant asserted that he had learned of the facts, then forgotten them until five years later. He could not claim to have been unaware of them so as to extend the limitation period.
Limitation Act 1980 32(1)(b)
1 Cites
[ Bailii ]
Petersen v Personal Petersen (Deceased), Representative of [2002] EWCA Civ 194
31 Jan 2002
CA
Lord Justice Potter Lord Justice May Sir Murray Stuart Smith
Professional Negligence, Legal Professions
The claim was against a solicitor for negligence. The claimant had purchased a property in respect of which there was an unsettled dispute, He claimed that the solicitor had accepted a condition under which he accepted a proportion of the liability for the action. The estate of the client now appealed a finding of no damages for the one head of liability allowed. Held: The court must examine the scope of the relevant duty by reference to the kind of damage from which the solicitor must take care to save the plaintiff harmless. The transaction was entirely neutral as to the value of the assets eventually held by the estate. The appeal failed.
1 Cites
[ Bailii ]
Huttons (A Firm) v Harris and others [2002] EWCA Civ 282
31 Jan 2002
CA
Contract, Legal Professions
Solicitors sued for payment of their costs.
[ Bailii ]
China National Petroleum Corporation and others v Fenwick Elliott, Techint International Construction Company [2002] EWHC 60 (Ch)
31 Jan 2002
ChD
The Vice-Chancellor
Construction, Intellectual Property, Information, Legal Professions
In the course of a dispute, the claimants concluded that the respondents had acquired documents of a confidential nature, and sought restoration and disclosure of the source. The solicitors for the respondents suggested that the claimants were in breach of disclosure orders, and that the materials were not privileged, and would be subject to disclosure in any event. It was then alleged that the respondent firm had acted improperly in seeking privileged information from employees of the claimants. It was argued that the sources of the information should be disclosed, but the respondents argued that this might put them at personal risk. In this case there was no evidence of privilege inhering, and no specific allegations, and the respondents claim of privilege attaching to his interviews of witnesses succeeded. The claim had no prospect of success and was struck out.
1 Cites
[ Bailii ]
Halley v Law Society of England and Wales [2002] EWHC 139 (Ch)
1 Feb 2002
ChD
Legal professions
[ Bailii ]
Danskin for Judicial Review of A Decision of the Law Society of Scotland [2002] ScotCS 32
6 Feb 2002
SCS
Scotland, Legal Professions
[ Bailii ]
Julian Struthers Danskin for Judicial Review of A Decision of the Law Society of Scotland
6 Feb 2002
SCS
Lady Cosgrove
Scotland, Legal Professions
[ ScotC ]
Ball v Druces and Attlee (A Firm) [2002] EWCA Civ 157
8 Feb 2002
CA
Legal Professions
[ Bailii ]
Petition of Mcmahon and others Against A Decision of the Scottish Solicitors' Discipline Tribunal [P1091 - 1125 - 00 Htm] Scotcs 125 - 00 [2002] ScotCS 36
12 Feb 2002
SCS
Scotland, Legal Professions
[ Bailii ]
McMahon, McFadyen and Lawrence Strachan Rew and Against A Decision of the Scottish Solicitors' Discipline Tribunal In A Complaint By the Council of the Law Society of Scotland
12 Feb 2002
SCS
Lord Caplan and Lord Justice Clerk and Lord MacLean
Scotland, Legal Professions
[ ScotC ]
Pine v Law Society; CA 20-Feb-2002 - [2002] EWCA Civ 371
Braymist Limited and Others v Wise Finance Company Limited Gazette, 28 March 2002; Times, 05 April 2002; [2002] EWCA Civ 127
20 Feb 2002
CA
Lord Justice Judge, Lord Justice Latham, Lady Justice Arden
Company, Land, Legal Professions, European, Contract
The claimant set out to sell land whilst in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent did not know of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited the deposit. Held: The section in the 1985 Act implemented a clause in the 1972 Act and the 1968 directive. Was the agent both liable under the contract and able to enforce it, and was the agreement unenforceable for failure to comply with the 1989 requirement for an appropriate memorandum? The European directive was to be interpreted directly. It was a compromise of different laws through member states, but was silent as to the ability of an agent to enforce such a contract. Section 36C should not be read down to limit its meaning. In this case, the solicitor agent could enforce the contract. As a party to the contract, he could also sign, and the 1989 Act should not be read too strictly. Appeal dismissed.
Companies Act 1985 36C(1) - European Communities Act 1972 9(2) - First EC Company Law Directive (68/151/CEE OJ No. 1968 L6) Art 7 - Law of Property (Miscellaneous Provisions) Act 1989 2(1) 3
[ Bailii ]
Pine v Law Society; CA 20-Feb-2002 - Gazette, 11 April 2002; [2002] EWCA Civ 175
Commission v Italy C-145/99 [2002] EUECJ C-145/99
7 Mar 2002
ECJ
Legal Professions
Failure by a Member State to fulfil its obligations - Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) - Directive 89/48/EEC - Access to and practice of the profession of lawyer
[ Bailii ]
Carr v Messrs Bower Cotton (A Firm) [2002] EWCA Civ 458
8 Mar 2002
CA
Legal Professions
[ Bailii ]
Thakerar v Law Society [2002] EWCA Civ 536
18 Mar 2002
CA
Legal Professions
[ Bailii ]
Toovey and Another, Regina (on the Application Of) v Law Society [2002] EWHC 391 (Admin); [2002] EWHC 391 (Admin)
18 Mar 2002
Admn
Legal Professions
[ Bailii ]
Twinsectra Ltd v Yardley and Others; HL 21-Mar-2002 - Times, 25 March 2002; Gazette, 10 May 2002; [2002] UKHL 12; [2002] 2 AC 164; [2002] 38 EGCS 204; [2002] PNLR 30; [2002] 2 All ER 377; [2002] NPC 47; [2002] 2 WLR 802; [2002] WTLR 423
Malik, Re Solicitor's Act 1974 and Legal Services Act No 2 of 2002 [2002] EWCA Civ 490
22 Mar 2002
CA
Legal Professions, Legal Aid
[ Bailii ]
Re Doran Constructions Pty Ltd (in liq) [2002] NSWSC 215; 168 FLR 116; (2002) 194 ALR 101; 20 ACLC 909
27 Mar 2002
Campbell J
Commonwealth, Insolvency, Legal Professions
Austlii (Supreme Court of New South Wales) CORPORATIONS - winding up - liquidator's examination - circumstances in which liquidator entitled to ask questions relating to legal advice given to company in liquidation - EVIDENCE - liquidator's examinations - whether evidence given at is governed by Evidence Act 1995 (NSW) - EVIDENCE - legal professional privilege - circumstances in which joint retainer of solicitor exists - EVIDENCE - procedure to adopt when deciding whether legal professional privilege does not exist - EVIDENCE - waiver of client legal privilege - disclosure of substance of advice - disclosure made knowingly and voluntarily - disclosure by agent or employee authorised to make it - disclosure made under compulsion of law
1 Citers
[ Austlii ]
Ratra v Solicitors Disciplinary Tribunal [2002] EWCA Civ 619
16 Apr 2002
CA
Legal Professions
[ Bailii ]
Michael Gordon Robson v The Council of the Law Society of Scotland and Another [2002] ScotCS 122
1 May 2002
SCS
Lord Hamilton and Lady Cosgrove and Lord Reed
Scotland, Legal Professions
[ ScotC ] - [ Bailii ]
Silver v Bradford and Bingley Building Society [2002] EWCA Civ 785
7 May 2002
CA
Chadwick LJ
Legal Professions, Insolvency
[ Bailii ]
Carr v Bower Cotton (A Firm) [2002] EWCA Civ 789
9 May 2002
CA
Legal Professions
[ Bailii ]
Oliver Fisher (A Firm) v Legal Services Commission [2002] EWHC 1017 (Admin)
10 May 2002
Admn
Mr Justice Scott Baker
Legal Aid, Legal Professions, Professional Negligence
Gilliatt A solicitors' firm had been paid for work done in a case by the Legal Services Commission. The LSC had a right to a statutory charge against a property which had been preserved as a result of the proceedings. The solicitors should have reported to the LSC that they had recovered the property by December 1999. In February 2000 the firm applied to have the legal aid certificate discharged. It was not until August 2000 that they made the report to the LSC about the recovery of property giving rise to the statutory charge. The LSC did not actually receive the report until mid September. The LSC then applied to register a caution against the property. In the meantime the litigant had put the property on the market and a prospective purchaser had lodged an official search with the land registry. The upshot was that the purchaser's application to register title had priority over the LSC's application to register a charge. The property was transferred to the purchasers. By the time the LSC were told their charge had not been registered, the solicitors had been paid and the litigant had been paid by the purchaser. The LSC then tried to claw back the money paid out for costs from other sums claimed by the solicitors in respect of different cases. Held: Despite the fact that the solicitors had not done everything they should have done promptly, there was no actual power, on a construction of the regulations on the part of the LSC to take back the money.
Scott Baker J said: "[Counsel for the Commission] submits that . . Section 4(1)(b) of the Legal Aid Act 1988 gives the defendants a statutory power to operate a running account. This however does not in my judgment give a right to relocate or move money that has been earned and paid in case 'A' to case 'B' or to recoup money."
Legal Aid Act 1988 4(1)(b)
[ Bailii ]
Miller v Law Society Times, 03 June 2002; Gazette, 27 June 2002
14 May 2002
ChD
Mr Geoffrey Vos, QC
Legal Professions, Administrative
The claimant sought damages from the respondent for breach of their private duty of care to him. They had intervened in his practice. He alleged that the investigating accountant had been negligent in his actions. Held: The Law Society owed the claimant no private duty of care. They acted in performing a statutory function, and the statute provided a remedy. That remedy was all that was available to the claimant. The accountant's investigation was integral to the disciplinary process set down in the 1974 Act, and could lead either to intervention, or to proceedings before the tribunal. A private law action could not intrude into the exclusively public field of solicitors' disciplinary processes.
Solicitors' Accounting Rules 1991 27 - Solicitors Act 1974
Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd Times, 20 May 2002; Gazette, 20 June 2002; [2002] UKHL 21; [2002] 2 WLR 1299; [2003] 1 AC 563; 74 TC 511; [2002] STC 786; [2002] BTC 223; [2002] 3 All ER 1; [2002] HRLR 42; [2002] NPC 70; [2002] STI 806; 4 ITL Rep 809
16 May 2002
HL
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hobhouse of Woodborough and Lord Scott of Foscote
Legal Professions, Taxes Management, Human Rights, European
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 ensuring human rights as a right of privacy, and is recognised in European law (A M & S Europe Ltd). A statute which sought to overrule such rights had to be much clearer to achieve that effect. Reference to the protection of privilege in one subsection was not sufficient to exclude the protection of privilege in other subsections by implication. A necessary implication is not the same as a reasonable implication: "A necessary implication is one which necessarily follows from the express provisions of the statute construed in their context. It distinguishes between what it would have been sensible or reasonable for Parliament to have included or what Parliament would, if it had thought about it, probably have included and what it is clear that the express language of the statute shows that the statute must have included. A necessary implication is a matter of express language and logic not interpretation."
Lord Hoffmann set out the reason underlying legal professional privilege, and its importance: "LPP is a fundamental human right long established in the common law. It is a necessary corollary of the right of any person to obtain skilled advice about the law. Such advice cannot be effectively obtained unless the client is able to put all the facts before the adviser without fear that they may afterwards be disclosed and used to his prejudice."
. . And the courts will: "construe general words in a statute, although literally capable of having some startling or unreasonable consequence, such as overriding fundamental human rights, as not having been intended to do so. An intention to override such rights must be expressly stated or appear by necessary implication".
Lord Hobhouse of Woodborough explained: "A necessary implication is not the same as a reasonable implication . . A necessary implication is one which necessarily follows from the express provisions of the statute construed in their context. It distinguishes between what it would have been sensible or reasonable for Parliament to have included or what Parliament would, if it had thought about it, probably have included and what it is clear that the express language of the statute shows that the statute must have included. A necessary implication is a matter of express language and logic not interpretation."
Taxes Management Act 1970 20(1) - European Convention on Human Rights 8
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
Connolly v Harrington (Liquidator of Chelmsford City Football Club (1980) Ltd Unreported, 17 May 2002
17 May 2002
Legal Professions
An application for the assessment of a solicitors bill may be made informally.
1 Citers
Hilton v Barker Booth & Eastwood (a Firm) Times, 06 June 2002; Gazette, 06 June 2002; [2002] EWCA Civ 723; [2002] Lloyds Rep PN 500
22 May 2002
CA
Lord Justice Jonathan Parker, Walker LJ
Legal Professions, Professional Negligence, Contract
The firm of solicitors acted for both parties in a conveyancing transaction, in a situation when they were permitted to do so. The firm had previously acted for one party in a case where he had been convicted of a crime. The other party said the solicitors had a duty to them to disclose this fact about the other party. Held: The solicitors were not under a duty to disclose to their client something which had come to their knowledge in an unrelated earlier transaction. The duty of disclosure depended upon the extent of the retainer. He had a duty to keep confidential information derived from an earlier transaction. If a solicitor acted for two parties, he may become obliged to disclose to the other information obtained in the course of that retainer, and could not excuse his duty to one by reference to the duty to the other.
1 Cites
1 Citers
[ Bailii ]
Naidu v Yenula Properties Ltd Gazette, 04 July 2002; [2002] EWCA Civ 719
23 May 2002
CA
Lord Justice Robert Walker Lord Justice Rix And Lady Justice Arden
Landlord and Tenant, Legal Professions
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High Court. At a late stage disputes emerged as to the sequence of events and as to adequacy of service of notices. The appeal judge had criticised the judge's findings. A notice from the tenant could be served on the landlord's agent, but a landlord's notice had to be served on the tenant, and not his agent. That rule was not strict, but there is no rule that a lawyer had implied authority to accept such notices. In the absence of such express authority, the notice was invalid, and the tenancy was an assured tenancy.
Housing Act 1988 - Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 (S1 1988 no.2203)
1 Cites
[ Bailii ]
The Council of the Law Society v Alistair David Armstrong Hall
11 Jun 2002
SCS
Lord President and Lord Cameron of Lochbroom and Lord Hamilton
Scotland, Legal Professions
[ ScotC ]
The Council of the Law Society v Neil Forsythe McPherson
11 Jun 2002
SCS
Lord President and Lord Cameron of Lochbroom and Lord Hamilton
Scotland, Legal Professions
[ ScotC ]
Charles v The Judicial and Legal Service Commission and The Disciplinary Tribunal (Appeal No 34 of 2001); [2002] UKPC 34; [2003] 1 LRC 422
19 Jun 2002
PC
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Scott of Foscote The Rt. Hon. Justice Tipping
Legal Professions, Commonwealth
PC (Trinidad and Tobago) Disciplinary proceedings had commenced against the appellant, the chief magistrate, but the time limits had not been followed. The appellant argued that the time limits were mandatory. Held. When considering time limits, it is better to avoid words such as 'mandatory' and 'directory'. Bearing in mind the minimal impact of the failures on the appellant, his appeal was dismissed.
Tipping J: "At the outset their Lordships observe that it seems highly unlikely that the Commission can have intended that breaches of time limits at the investigation stage would inevitably prevent it from discharging its public function and duty of inquiring into and, if appropriate, prosecuting relevant indiscipline or misconduct. A self-imposed fetter of such a kind on the discharge of an important public function would seem inimical to the whole purpose of the investigation and disciplinary regime." and ". . . If a complaint is made about the non-fulfilment of a time limit the giving of relief will usually be discretionary. This discretionary element to which Lord Hailsham referred [in the London & Clydeside Estates case] underlines the fact that problems arising from breach of time limits and other like procedural flaws are not generally susceptible of rigid classification or black and white a priori rules. With this in mind their Lordships note that in the present case the delays were in good faith, they were not lengthy and they were entirely understandable. The appellant suffered no material prejudice; no fair trial considerations were or could have been raised, and no fundamental human rights are in issue."
1 Cites
1 Citers
[ PC ] - [ Bailii ] - [ PC ]
Martin, Re Solicitor's Act 1974 No 4 of 2002 [2002] EWCA Civ 936
19 Jun 2002
CA
Legal Professions
Solicitor's Act 1974
[ Bailii ]
Collins v Office for the Supervision of Solicitors [2002] EWCA Civ 1002
21 Jun 2002
CA
Pill LJ, Collins J
Legal Professions
[ Bailii ]
Sayers v Clarke Walker (A Firm) [2002] EWCA Civ 910
26 Jun 2002
CA
Litigation Practice, Legal Professions
1 Cites
1 Citers
[ Bailii ]
Medcalf v Mardell, Weatherill and Another; HL 27-Jun-2002 - Times, 28 June 2002; Gazette, 08 August 2002; [2002] UKHL 27; [2002] 3 All ER 731; [2003] 1 AC 120; [2002] NPC 89; [2002] PNLR 43; [2002] 3 WLR 172; [2002] CP Rep 70; [2002] CPLR 647; [2002] 3 Costs LR 428
B v Richard Pendelbury Associated Newspapers Ltd [2002] EWHC 1404 (QB)
28 Jun 2002
QBD
Turner J
Costs, Legal Professions
Supreme Court Act 1981 51
[ Bailii ]
Burdett, Re Solicitor's Act 1974 No 8 of 2002 [2002] EWCA Civ 960
1 Jul 2002
CA
Legal Professions
Solicitors Act 1974
[ Bailii ]
Persaud and Another v Persaud and others [2002] EWCA Civ 1459
1 Jul 2002
CA
Legal Professions, Costs
Application for leave to appeal against award or wasted costs order against a barrister assisting legally aided client in case brought against non-legally aided party.
[ Bailii ]
Onwuka, Re Solicitors Act 1974 No 3 of 2002 [2002] EWCA Civ 994
2 Jul 2002
CA
Lord Phillips MR
Legal Professions
The trainee appealed against the decision of the Law Society to cancel his student membership on the basis that he was not a fit and proper person to become a solicitor. He had been convicted of criminal damage, but had not notified the Law Society of that conviction. He was convicted of further offences and served a term of imprisonment. When challenged by the Society he said that he was the real victim in the situations which had arisen. Held: The appeal failed. It was based upon a misconception as to the basis of the Society's investigation which had in fact been more generous to him than he had thought.
Solicitors Act 1974
[ Bailii ]
Adoko v Law Society [2002] EWCA Civ 1190
8 Jul 2002
CA
Legal Professions
[ Bailii ]
Carr v Cotton (A Firm) [2002] EWCA Civ 1111
11 Jul 2002
CA
Chadwick LJ
Legal Professions
[ Bailii ]
Abbas v Hammond Suddards (A Firm) [2002] EWCA Civ 1128
17 Jul 2002
CA
Legal Professions
Claim that opponent's solicitors knew that affidavit upon which a freezing order was based was false in part - appeal against strike out.
[ Bailii ]
Koch Shipping Inc v Richards Butler (a Firm) Times, 21 August 2002; Gazette, 26 September 2002; [2002] EWCA Civ 1280; [2002] 2 All ER Comm 957; [2002] 1 PNLR 603
22 Jul 2002
CA
Lord Justice Ward, Lord Justice Tuckey and Lord Justice Clarke
Legal Professions, Litigation Practice
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 viewed these as inadequate. The respondent firm of solicitors appealed an order to withdraw from the action. Held: Each such case must turn on its facts. Here there was no reason to doubt the high professionalism, skills and integrity of the solicitor in question. The situation differed from that in Bolkiah. It was fanciful to imagine her inadvertently letting something slip to the detriment of the claimant.
Tuckey LJ warned that: "In these days of professional and client mobility it is of course important that client confidentiality should be preserved. Each case must depend on its own facts but I think there is a danger inherent in the intensity of the adversarial process of courts being persuaded that a risk exists when, if one stands back a little, that risk is no more than fanciful or theoretical. I advocate a robust view with this in mind so as to ensure the line is sensibly drawn."
1 Cites
1 Citers
[ Bailii ]
Hunt, Re Solicitor's Admissions Regulations 1974, No 7 of 2002 [2001] EWCA Civ 1172
23 Jul 2002
CA
Legal Professions
[ Bailii ]
Re Burdett (A Solicitor) [2002] EWCA Civ 1194
25 Jul 2002
CA
Legal Professions
[ Bailii ]
Holder v Law Society Times, 09 September 2002; [2002] EWHC 1599 (Ch); [2003] 1 WLR 1059
25 Jul 2002
ChD
Mr Justice Peter Smith
Legal Professions, Human Rights
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 intervention was necessary to balance the need to protect the public and respect for the solicitor's rights. Whether the solicitor's rights to free enjoyment of his possessions had been infringed was a matter of fact and degree in the particular circumstances of each case. This case was not so clear cut, and the summary judgment for the Law Society striking out the claim was set aside. The court asked about the use of powers which would destroy a soilicitor's practice: "In some cases it may be necessary because it might be a necessary evil to correct a much greater one. The more interesting question is, is it always necessary. In that case I am not convinced that it can be said that an intervention in the way in which the procedure is currently permitted to be exercised, is always necessary. It follows from that analysis that if the procedure was not necessary in that way, and it resulted in the interference in the right to possession of property, the procedure itself will infringe the claimant's human rights. I do not see that it can be said that there is no other alternative. If a report for example, is prepared along the lines of the present case there would have been no difficulty in making an appointment at short notice to go to court for an order for an intervention or some lesser order if the court thought that appropriate. There would then be an independent review and the court (like a search order or a freezing order) would act on the evidence. If the evidence was made out, there would be an independent review of the procedure. Intervention in a full blown way might be required on occasions. Alternatively the court might feel a lesser intervention (such as a receiver, a manager) would be appropriate.. . ."
1 Cites
1 Citers
Veitch and Another v Avery Barry and Co [2002] EWCA Civ 1342
26 Jul 2002
CA
Legal Professions
[ Bailii ]
Regina v Hall; CACD 31-Jul-2002 - Times, 27 August 2002; [2002] EWCA Crim 1881
Wright v The Law Society Unreported, 4 September 2002
4 Sep 2002
Admn
His Honour Judge Behrens QC
Legal Professions
"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 referred to earlier in this judgment. Second, I have considerable doubts about the jurisdiction of this court to adopt the sort of solution envisaged by Peter Smith J in paragraphs 70 and 71 of his judgment. Intervention in its full form is the statutory remedy entrusted by Parliament to the Law Society in order to regulate the profession. It is not, in [my] view, open to the courts to devise a different and less draconian remedy. . . "
Solicitors Act 1974
1 Citers
Jemma Trust Company Ltd v Peter D'Arcy Liptrott Jo [2002] EWHC 9008 (Costs)
12 Sep 2002
SCCO
Master Rodgers, Costs Judge
Wills and Probate, Costs, Legal Professions
The applicant challenged a solicitor's bill for the work in handling an estate. Two preliminary issues arose, as to the hourly rates applicable, and whether a value element should be charged. The court's task is to assess a sum which is fair and reasonable. Held: A rate above that generally charged by solicitors in the geographic area was justified where the practitioner was highly experienced and specialist. The claimant argued that a value element should no longer be paid. In view of the omnipresence of computer time recording systems, it is now wrong to charge on both a value element and a time element.
Solicitors (Non Contentious Business) Remuneration Order 1994 3
1 Cites
1 Citers
[ Bailii ]
Malkinson v Trim Times, 11 October 2002; Gazette, 17 October 2002
20 Sep 2002
CA
Potter LJ, Chadwick LJ, Wall J
Costs, Legal Professions, Civil Procedure Rules
The solicitor had successfully defended proceedings brought against him personally, but employing his own firm to represent him. He sought his costs. The claimant disputed his right to costs. Held: The claimant had served a notice of discontinuance of the action, and by doing so made himself liable for costs. The judge had applied the London Scottish case. There should be no difference between work done by an employee of a solicitor, and work done by a partner. Rule 48.6 had not changed the situation.
Civil Procedure Rules 48.6
1 Cites
Regina (Van Hoogstraten) v Governor of HM Prison Belmarsh Gazette, 31 October 2002; Times, 05 November 2002
23 Sep 2002
QBD
Jackson J
Prisons, Legal Professions, European, Human Rights
The prisoner was awaiting sentence. He had dismissed his legal team, and wanted to appoint Italian lawyers, and avvocato to advise him, in the expectation that the Italian lawyer would later engage English lawyers to present his case in court. He wanted his lawyer to see him in prison, and appealed the prison's refusal to allow access for the lawyer. Held: The rule required a 'legal adviser', and an avvocato was included within the 1978 order, which in turn implemented European Law. As a prisoner awaiting sentence, he was undergoing a trial process, and had his rights governed by the Convention, which meant that he must have adequate opportunity to prepare his mitigation and his defence. The Italian lawyer must be allowed entry to the prison.
Prison Rules 1999 2 - European Communities (Services of Lawyers) Order 1978 - European Convention on Human Rights
Regina v Jones (Paull Garfield) Times, 24 October 2002; Gazette, 31 October 2002
8 Oct 2002
CACD
Kay LJ, Wright, Henriques JJ
Legal Professions, Criminal Practice
The Court of Appeal had ordered the defendant to be re-tried within two months. An initial application for directions was adjourned without the defendant being re-arraigned, and then was adjourned again to a date outside the two month limit. Defence solicitors, knowing the difficulty declined to express a view either way. Held: The arraignment could take place exceptionally outside the two month limit. The duty under the act for the prosecution to act with 'all due expedition' was a more restricted requirement than the one to act with 'due diligence', and there was also a duty on the defence to ensure that effect was given to the order of the Court.
Criminal Appeal Act 1968 8(1B)
Isabella Iyama Onibudo v The Law Society [2002] EWHC 2030 (Admin)
9 Oct 2002
QBD
Lord Justice Brooke, Mr Justice Bell
Legal Professions
[ Bailii ]
Maloney v Alexander Johnson (A Firm) [2002] EWCA Civ 1544
14 Oct 2002
CA
Rix LJ
Information, Legal Professions
Appeal against rejection of claim for access to records held by the claimant's wife's solicitors in dispute with him.
Data Protection Act 1998
[ Bailii ]
Ralph Hume Garry (a Firm) v Gwillim Times, 04 November 2002; Gazette, 21 November 2002; [2002] EWCA Civ 1500
22 Oct 2002
CA
Ward, Mance, Nourse, LLJ
Legal Professions, Costs
The appellant sought to have struck out the claimant's action to recover their costs having represented him. He said that the detail in the bill was so deficient as not to comply with the requirements of the Act. Held: Though the detail given in the bill was inadequate, it was permissible to make allowance for the appellant's own knowledge and understanding of the case to satisfy the gravamen of the requirement which was that the client should know what he was being asked to pay for. The inadequacies could be remedied by accompanying documents, or information the client already had. In modern times, the least a client could expect was a computer printout to show what had taken place.
Solicitors Act 1974 64 69
1 Cites
[ Bailii ]
Skjevesland v Geveran Trading Co Ltd Times, 13 November 2002; [2002] EWCA Civ 1567; [2003] 1 All ER 1; [2003] 1 WLR 912; [2003] BPIR 238
30 Oct 2002
CA
Arden LJ, Schiemann LJ, Dyson LJ
Legal Professions, Human Rights
The debtor's wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or disclosure of confidential material in his possession, or other exceptional material. CPR 1.3 requires the parties to "help the court to further the overriding objective". That duty extends to the legal advisers of the parties, including advocates.
Civil Procedure Rules 1.3
1 Cites
1 Citers
[ Bailii ]
Lucas v Millman Times, 22 November 2002; Gazette, 09 January 2003
5 Nov 2002
QBD
Kennedy LJ, Pitchers J
Legal Professions, Civil Procedure Rules
The Solicitor's Disciplinary Tribunal had decided that the solicitor had no case to answer. The complainant sought to appeal under the 1974 Act. Held: The proper respondent to such an appeal was the solicitor himself. The Law Society and the Tribunal were to be notified of the appeal, but were not parties to it.
Solicitors Act 1974 49(2) - Civil Procedure Rules 52
Regina v Timothy Morgan Robinson Times, 13 November 2002; [2002] EWCA Crim 2489
8 Nov 2002
CACD
Lord Justice Pill, The Honourable Mr Justice Keith, Sir Richard Tucker
Crime, Legal Professions, Legal Professions
The defendant appealed his conviction on the ground that a police informant had been a solicitor's clerk. Held: Appeal dismissed, but the use of members of the legal profession as informants, must always be dangerous, and capable of undermining the interests of justice. It is necessary for suspects to be able to seek legal advice, and acting as an informant would be a breach by the solicitor or his clerk of his duty to his client, and also a breach by the police of the rights of a citizen. No comment was made as to the particular use of an informant in this case. The judge prepared questionnaires designed to ascertain whether any of the jurors had written an anonymous letter sent to him by post.
1 Citers
[ Bailii ]
Regina v Timothy Morgan Robinson Times, 13 November 2002; [2002] EWCA Crim 2489
8 Nov 2002
CACD
Lord Justice Pill, The Honourable Mr Justice Keith, Sir Richard Tucker
Crime, Legal Professions, Legal Professions
The defendant appealed his conviction on the ground that a police informant had been a solicitor's clerk. Held: Appeal dismissed, but the use of members of the legal profession as informants, must always be dangerous, and capable of undermining the interests of justice. It is necessary for suspects to be able to seek legal advice, and acting as an informant would be a breach by the solicitor or his clerk of his duty to his client, and also a breach by the police of the rights of a citizen. No comment was made as to the particular use of an informant in this case. The judge prepared questionnaires designed to ascertain whether any of the jurors had written an anonymous letter sent to him by post.
1 Citers
[ Bailii ]
Adrian Alan Limited v Fuglers (A Firm) [2002] EWCA Civ 1655
13 Nov 2002
CA
Lord Justice Brooke, Lord Justice Kay, Lord Justice Dyson
Professional Negligence, Legal Professions
[ Bailii ]
Dobbs v TLT Solicitors (A Firm) [2002] EWCA Civ 1846
22 Nov 2002
CA
Legal Professions
[ Bailii ]
Burstein v Times Newspapers Ltd (No 2); CA 28-Nov-2002 - Times, 06 December 2002; Gazette, 23 January 2003; [2003] 1 Costs LR 111; [2002] EWCA Civ 1739; [2002] All ER (D) 442
Ayoub-Farid Michel Saab, Fadi Michel Saab v Jones Day Reavis and Pogue, Mohamed Amersi [2002] EWHC 2616 (Ch)
5 Dec 2002
ChD
The Honourable Mr Justice Peter Smith <
Legal Professions
[ Bailii ]
Dubai Aluminium Company Limited v Salaam and Others; HL 5-Dec-2002 - Times, 06 December 2002; [2003] 1 Lloyd's Rep 65; [2002] UKHL 48; [2002] 3 WLR 1913; [2003] 2 AC 366; [2003] 1 All ER 97; [2003] 2 All ER (Comm) 451; [2003] 1 LLR 65; [2003] 1 BCLC 32; [2003] IRLR 608; [2003] 1 CLC 1020; [2003] WTLR 163
Langford v the Law Society [2002] EWHC 2802 (Admin)
9 Dec 2002
Admn
Legal Professions
[ Bailii ]
Commission of the European Communities v Ireland Times, 02 January 2003; Case C-362/01
10 Dec 2002
ECJ
European, Legal Professions
The Commission sought a judgement that Ireland had failed to facilitate the practice of lawyers in jurisdictions within the community other than that in which the qualification was obtained. The court made clear that the provision in the treaty requiring the Commission to give a reasoned opinion before coming to the court was for three purposes. It would assist the member state in complying with the legal requirement at issue, to put the member state in a position to defend itself, and to define the issues to be presented to the court.
EC Treaty 226
Three Rivers Council and others v Bank of England [2002] EWHC 2730 (Comm)
13 Dec 2002
ComC
Tomlinson J
Legal Professions, Evidence
[ Bailii ]
Carr v Bower Cotton [2002] EWCA Civ 1788
18 Dec 2002
CA
Lord Justice Chadwick Lord Justice Ward Lady Justice Arden
Legal Professions, Professional Negligence
The claimant had been victim to a substantial fraud. The defendant solicitors had been an innocent tool of the fraud. The claimant sought damages alleging professional negligece.
[ Bailii ]
Kaberry v Freethcartwright and Another [2002] EWCA Civ 1966
19 Dec 2002
CA
Legal Professions
[ Bailii ]
Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court; Admn 20-Dec-2002 - [2002] EWHC 3077 (Admin)