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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: 2003 To: 2003

This page lists 66 cases, and was prepared on 02 April 2018.

 
Khan v Lord Chancellor Times, 28 January 2003
17 Jan 2003
QBD
Mitchell J
Costs, Criminal Practice, Legal Professions
The applicant was a barrister. He had been tried and acquitted of criminal charges, and had been awarded cost from central funds. He appealed a refusal of a claim for payment for the time he spent in preparation. Held: The applicant was bound by the Bar's Code of Conduct, which would have required him in defending himself to do so as litigant in person, since he could not represent himself professionally. The Regulations appeared to restrict a claim to actual costs incurred. He could not be remunerated for his own court appearances, but preparatory work was another matter. Boswell had extended the Chorley case, and his work should be recognised and rewarded. If Boswell had not so extended the rule, then this case would do so.
Prosecution of Offences Act 1985 16(6) - Costs in Criminal Cases (General) Regulations 1986 (1986 No 1335) 7
1 Cites


 
Barry Whitev Peter White (Deceased) [2003] EWCA Civ 156
20 Jan 2003
CA
Lord Justice Schiemann, Lord Justice Mummery, Lord Justice Dyson
Legal Professions, Costs
An appeal was made against an order refusing an award of costs against solicitors for the opposing party. Held: The judge's order saying that an aplication should have been forewarned earlier was made within his discretion, and was appropriate. The value at stake meant that this application was disproportionate, and satellite litigation of this sort was to be discouraged. The fact that no indication was given at the time that a wasted costs order would be sought is rarely likely to be a sufficient reason for refusing to accede to a subsequent application for such an order.
1 Cites

[ Bailii ]
 
Holder v Law Society Times, 29 January 2003; Gazette, 20 March 2003; [2003] EWCA Civ 39; [2003] 1 WLR 1059
24 Jan 2003
CA
Carnwath, LJ, Sir Christopher Staughton
Legal Professions, Human Rights
The Society had intervened in the applicant's legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an infringement had occurred. Held: The jurisdiction granted by the Act was a draconian jurisdiction. That was necessary for the protection of the public. The judge was wrong to consider that an intervention raised any such Human Rights issue. Nor was there any alternative procedure available to the Society by was of a receivership. The legislator was allowed a margin of appreciation in establishing a scheme of supervision. The procedure was necessary and struck a fair balance
European Convention on Human Rights - Solicitors Act 1974
1 Cites

1 Citers



 
 Holder v The Law Society; CA 24-Jan-2003 - [2003] EWCA Civ 39; [2003] 1 WLR 1059
 
F, Regina (on the Application Of) v Head Teacher of Addington High School and others [2003] EWHC 228 (Admin)
5 Feb 2003
Admn

Education, Legal Professions, Costs

[ Bailii ]
 
Three Rivers Council and others v Bank of England [2003] EWHC 145 (Comm)
6 Feb 2003
ComC

Legal Professions, Litigation Practice

[ Bailii ]
 
Martin J Halley v The Law Society [2003] EWCA Civ 97
13 Feb 2003
CA
Lord Justice Mummery, Lady Justice Hale, Lord Justice Carnwath
Legal Professions

[ Bailii ]

 
 Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council; CA 19-Feb-2003 - Times, 21 February 2003; [2003] EWCA Civ 183; [2003] 1 WLR 1149
 
D v Law Society [2003] EWHC 408 (Admin)
20 Feb 2003
Admn

Legal Professions
Solicitor appealing against striking from role - involvement in fraudulent transactions.
[ Bailii ]
 
Persaud and Another v Persaud and others [2003] EWCA Civ 394; [2003] PNLR 26; [2004] 1 Costs LR 1
6 Mar 2003
CA
Peter Gibson LJ, Mummery LJ, Blackburne J
Legal Professions, Costs

1 Citers

[ Bailii ]
 
Boyd and Hutchinson v Jennifer Joseph [2003] EWHC 413 (Ch); Gazette, 15 May 2003
14 Mar 2003
ChD
The Honourable Mr Justice Patten
Legal Professions, Costs
The claimant had been awarded costs, and sought to charge her time as a solicitor. Held: The claimant had only a limited practicing certificate, which would allow her to work for others only without charge. She could not for these proceedings charge on the basis on which she would not be allowed to practise.
Civil Procedure Rules 51
1 Cites

[ Bailii ]
 
Robert Alfred Hurst v Ian Leeming [2003] EWHC 499 (Ch)
14 Mar 2003
ChD
Mr Justice Lawrence Collins
Company, Legal Professions

1 Cites

1 Citers

[ Bailii ]
 
Kearns and Others v The General Council of the Bar [2003] EWCA Civ 331; [2003] 1 WLR 1357
17 Mar 2003
CA
Mr Justice Keene Lord Justice Mantell Lord Justice Simon Brown
Legal Professions, Defamation
The claimants had sought to recover from the General Council of the Bar damages for libel in a communication from the head of the Bar Council's Professional Standards and Legal Services Department to all heads of chambers, their senior clerks and practice managers to the effect that the claimants were not solicitors and were thus not entitled to instruct counsel with the result that it would be improper for members of the Bar to accept work from them. The letter was clearly noth libellous and untrue, but also not malicious. The court was asked when is verification a relevant circumstance in determining whether or not a defamatory communication is protected by qualified privilege? Held: On the defence of qualified privilege: "The argument, as it seems to me, has been much bedevilled by the use of the terms "common interest" and "duty-interest" for all the world as if these are clear-cut categories and any particular case is instantly recognisable as falling within one or other of them. It also seems to me surprising and unsatisfactory that privilege should be thought to attach more readily to communications made in the service of one’s own interests than in the discharge of a duty – as at first blush this distinction would suggest. To my mind an altogether more helpful categorisation is to be found by distinguishing between on the one hand cases where the communicator and the communicatee are in an existing and established relationship (irrespective of whether within that relationship the communications between them relate to reciprocal interests or reciprocal duties or a mixture of both) and on the other hand cases where no such relationship has been established and the communication is between strangers (or at any rate is volunteered otherwise than by reference to their relationship … Once the distinction is made in this way, moreover, it becomes to my mind understandable that the law should attach privilege more readily to communications within an existing relationship than to those between strangers. The latter present particular problems."
1 Citers

[ Bailii ]

 
 Harwood and Another v Taylor Vintners (a Firm); ChD 18-Mar-2003 - Times, 01 April 2003; Gazette, 29 May 2003
 
Parry Husbands v Warefact Limited [2003] UKPC 23
19 Mar 2003
PC

Commonwealth, Legal Professions
PC (St. Lucia) The claimant, a senior QC, sought to deduct fees due to him from the respondent from money which he held to his account. Held: Counsel in St Lucia operated under different rules to those in England, having a fused profession. Provisions which restrain a practitioner's commercial freedom should not be liberally construed. Counsel in England has been unable to sue for their fees, and it was argued that this position had continued in St Lucia. However Counsel's position had been assimilated to that of solicitors, who could sue, and the position of Queen's Counel had not been excepted, and the claimant could sue.
(St Lucia) Legal Profession Act 2000
[ Bailii ] - [ PC ]
 
Tasyurdu v Secretary of State for the Home Department [2003] EWCA Civ 447; Times, 16 April 2003
24 Mar 2003
CA
Phillips MR, Sedley LJ
Civil Procedure Rules, Legal Professions
The case was listed to be heard on the Monday. On the Friday before it had been settled. The court complained of the lawyers that they had not informed the court, and that consequently much of the judge's time over the weekend had been wasted in preparatrion. The parties must recognise that a judge would now make such preparations, and act accoridingly.
Civil Procedure Rules 1.3
1 Citers

[ Bailii ]
 
Wagstaff v Colls and Another Times, 17 April 2003; [2003] EWCA Civ 469; [2003] 4 Costs LR 535; [2003] CP Rep 50; [2003] PNLR 29
2 Apr 2003
CA
Ward, Buxton, Arden LJJ
Legal Professions, Costs
The action had been stayed by an order on agreed terms. The claimant sought a wasted costs order against the defendants' solicitors on the ground that they had witheld certain facts during the litigation. The defendants argued that they should first apply for a lift of the stay. Held: An application of a wasted costs order was only tangential to the main proceedings, and it was not necessary first to apply to lift the stay. The action was not dead as if it had been dismissed. The actions required under the Tomlin order had been concluded, and a wasted costs application had nothing to with the defendants and would not affect them adversely. There was no need to lift the stay, just as there would be no need for permission to pursue such an applcation after a final order in any proceedings.
1 Cites

[ Bailii ]
 
Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5) [2003] EWCA Civ 474; Times, 19 April 2003; Gazette, 12 June 2003; [2003] 3 WLR 667; [2003] QB 1556; [2003] CPLR 349; [2003] All ER (D) 59
3 Apr 2003
CA
Lord Justice Sedley The Master Of The Rolls Lord Justice Longmore
Legal Professions, Litigation Practice
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI. Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the confidential relationship of client and solicitor and attached only to communications between the client and solicitor. The shift in focus from the dominant purpose of the document to the dominent purpose of the retainer was doubted. Documents prepared for the enquiry rather than as part seeking legal advice were not privileged.
1 Cites

1 Citers

[ Bailii ]

 
 Munro-Wilson v Olswang (A Firm); QBD 10-Apr-2003 - Unreported, 10 April 2003
 
Crown Prosecution Service, Regina (on the Application of) v Portsmouth Crown Court [2003] EWHC 1079 (Admin)
1 May 2003
Admn
Scot Baker LJ, Pitchford J
Criminal Practice, Legal Professions
The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel knew of the conflict but had not requested a 'not before' listing. Held: The court should have waited a little longer until counsel was in a position to prosecute the appeal.
Code of Conduct for the Bar of England and Wales 701
1 Cites

[ Bailii ]
 
Aurangzeb, Regina (on the Application of) v the Law Society of England and Wales [2003] EWHC 1286 (Admin)
7 May 2003
Admn
Newman J
Legal Professions
The claimant sought judicial review of decisions of the Law Society as to his alleged practise as a solicitor in breach of conditions previously imposed, and of failure to notify the Society of his bankruptcy. Held: The request failed. The allegations were to be tested before the Tribunal, and there was no procedural unfairness which could not be cured by that tribunal.
1 Cites

[ Bailii ]
 
B and Others Russell McVeagh McKenzie Bartleet and Co v Auckland District Law Society, Gary J Judd Times, 21 May 2003; [2003] UKPC 38; Gazette, 03 July 2003; [2003] 2 AC 736; [2004] 4 All ER 269; [2003] 3 WLR 859
19 May 2003
PC
Lord Hope of Craighead, Lord Hobhouse of Woodborough, Lord Millett, Lord Scott of Foscote, Lord Walker of Gestingthorpe
Legal Professions
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them. Held: The appeal was allowed. The protection of legal professional privilege was absolute save only where abrogated by statute. The statute provided that witnesses before the professional tribunal had the same protection as at law, and did not exclude legal professional privilege. It was an essential part of the legal process. Unless waived, "once privileged, always privileged". The privilege is the same whether the documents are sought for the purpose of civil or criminal proceedings, and whether by the prosecution or the defence. A refusal to waive privilege cannot be questioned or investigated by the Court. Save in cases where the privileged communication is itself the means of carrying out a fraud, the privilege is absolute. Once the privilege is established, the lawyer’s mouth is "shut for ever". This case involved a contest between two competing public interests of high importance: the maintenance of the integrity of the legal profession and the administration of justice. No balancing exercise is to be performed: if the lawyer is to be able to give his client an absolute and unqualified assurance that what he tells him will not be disclosed without his consent in any circumstances, the assurance must follow and not precede the undertaking of any balancing exercise.
Law Practitioners Act 1982 (New Zealand) 101(3)(d)
1 Cites

1 Citers

[ PC ] - [ Bailii ]
 
Hollins v Russell etc [2003] EWCA Civ 718; Times, 10 June 2003; Gazette, 17 July 2003; [2003] 1 WLR 2487
22 May 2003
CA
Lord Justice Brooke Lady Justice Hale Lady Justice Arden
Costs, Legal Professions
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put to her election under the Pamplin procedure. The legislation should be given a purposive construction. Parliament did not mean to make unenforceable a CFA which met the requirements to safeguard justice, protect the client, and acknowledge the interests of other parties. The other party has no legitimate interest in avoiding his obligations by seizing on an apparent breach which is immaterial in the context of the other two purposes of the statutory regulation. It should become normal practice for a CFA to be disclosed for the purpose of costs proceedings in which a success fee is claimed. If the CFA contains confidential information relating to other proceedings, it may be suitably redacted before disclosure takes place. Attendance notes and other correspondence should not ordinarily be disclosed, but the judge conducting the assessment may require the disclosure of material of this kind if a genuine issue is raised.
The indemnity principle is now recognised by Parliament: "This common law principle, by which 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, is now enshrined in statute, so far as solicitors are concerned, by section 60(3) of the Solicitors Act 1974, which provides:
"A client shall not be entitled to recover from any other person under an order for the payment of any costs to which a contentious business agreement relates more than the amount payable by him to his solicitor in respect of those costs under the agreement."
24. In 1999 Parliament showed itself well aware of the possible application of the indemnity principle in the context of the reforms it introduced in the 1999 Act, because by section 31 it provided:
"'In section 51 of the Supreme Court Act 1981 (costs) in subsection (2) (rules regulating matters relating to costs) insert at the end 'or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs'.
This section, however, has not yet been brought into force. (It will be noticed that these two sections state the principle in different ways, but that need not concern us for the purposes of these appeals.)"
Access to Justice Act 1999 27 - Conditional Fee Agreements Regulations 2000 30
1 Cites

1 Citers

[ Bailii ]
 
Berry Trade Ltd and Another v Moussavi and others [2003] EWCA Civ 715; Times, 03 June 2003; Gazette, 17 July 2003
22 May 2003
CA
Lord Justice Peter Gibson, Lord Justice Tuckey and Mr. Justice Nelson
Legal Professions, Evidence
A defendant appealed against an order admitting as evidence, records of 'without prejudice' conversations. Held: Written and oral communications, which are made for the purpose of a genuine attempt to compromise a dispute between the parties, may generally not be admitted in evidence. An exception to the rule is where there is shown 'unambiguous impropriety.' The judge had asked himself whether there was a serious and substantial risk of perjury. That would weaken the real test, and was incorrect. The evidence here should not have been admitted.
1 Cites

1 Citers

[ Bailii ]
 
Akasuc Enterprise Limited, A K S Choudhury, T Choudhury v Farmar and Shirreff (A Firm) [2003] EWHC 1275 (Ch)
5 Jun 2003
ChD
The Honourable Mr Justice Peter Smith
Legal Professions, Professional Negligence

[ Bailii ]
 
Kaikai, Regina (on the Application Of) v Immigration Services Commissioner [2003] EWCA Civ 860
11 Jun 2003
CA

Legal Professions, Immigration

[ Bailii ]
 
Dunlop Slazenger International Ltd v Joe Bloggs Sports Ltd [2003] EWCA Civ 901
11 Jun 2003
CA
Waller LJ, Thorpe LJ
Legal Professions, Evidence
Waller LJ said: "To answer the question whether waiver of parts of a privileged communication waives the complete information, it is that dictum of Mustill J., as he then was, which applies. A party is not entitled to cherry pick and a party to whom privileged information is provided is entitled to have the full content of what is being supplied in order to see that cherry picking is not taking place. If this material . . had been evidence given at a trial, there really would no answer to the point that the full information should be provided in order to make certain that cherry picking is not taking place."
1 Cites

1 Citers

[ Bailii ]
 
Haycocks v The Law Society [2003] EWCA Civ 908
17 Jun 2003
CA

Legal Professions

[ Bailii ]
 
Haycocks v The Law Society [2003] EWCA Civ 788; Times, 28 June 2003; Gazette, 31 July 2003
17 Jun 2003
CA
Lord Justice Sedley Lord Justice Ward
Legal Professions
The solicitor had agreed a resolution of a complaint, but failed to implement it. The case was returned to the Law Society who imposed a £5,000 penalty. He complained that the OSS had no jurisdiction to entertain the renewed complaint because it related to conduct occurring after the termination of his retainer, and that the penalty was the maximimum amount, and as such was inappropriate. Held: The OSS had jurisdiction. The natural and grammatical meaning of the provision is that the power applies in relation to any matter in which the solicitor or his firm have at any time been instructed, and the agreement related to a matter which had involved instructions from the client. As to the penalty, there is no room for a purely punitive element in an award, but there is for what at common law would be aggravated damages – compensation which reflects not only the stress and inconvenience caused by the misconduct but its persistence and contumacity. A mistake would require the penalty to be reconsidered, but £5,000 is not a large sum, and provided due regard is had to the fact that it is the ceiling, a policy of reaching it in exceptional cases was not wrong.
Solicitors Act 1974 37A Sch 1A
[ Bailii ]
 
A Solicitor, Re an Application Under the Solicitors (Northern Ireland) Order 1976 [2003] NICh 5
19 Jun 2003
ChNI

Northern Ireland, Legal Professions

[ Bailii ]
 
Lawal v Northern Spirit Limited Gazette, 17 July 2003; [2003] UKHL 35; [2003] ICR 856; [2004] 1 All ER 187
19 Jun 2003
HL
L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn
Employment, Human Rights, Legal Professions, Natural Justice
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel's practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Polley v Warner Goodman and Streat (A Firm) [2003] EWCA Civ 1013; [2003] PNLR 40
30 Jun 2003
CA
Clarke LJ
Professional Negligence, Contract, Legal Professions
A cause of action in negligence is complete once the claimant has suffered loss as a result of the negligence, even if the existence of the loss (and indeed of the negligence) is not, and could not be, known to him, and even where that loss is much less than the loss which he ultimately suffers as a result of the negligence. The the issues identified in Hatton should be added "a sixth proposition, namely: damage often occurs before it can be crystallised, and difficulties of quantification do not prevent damage from being said to have occurred."
1 Cites

1 Citers

[ Bailii ]

 
 Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman; CA 1-Jul-2003 - A3/2002/2244; Gazette, 17 July 2003; [2003] EWCA Civ 886
 
Birchall Blackburn (A Firm) v Gibrail [2003] EWCA Civ 1145
4 Jul 2003
CA

Legal Professions

[ Bailii ]
 
Adoko v Office for the Supervision of Solicitors [2003] EWHC 1899 (Admin)
15 Jul 2003
Admn
Lord Justice Dyson, Mr Justice Gibbs
Legal Professions, Costs, Civil Procedure Rules
The applicant had been made subject of an order preventing his employment as a clerk by any firm of solicitors. A costs order accompanied that order. The order was later the subject of a default costs certificate. He sought to appeal that certificate. Held: The correct and only way to challenge such an order was application under CPR47.12. In any event there was required to be shown evidence demonstrating "a good reason why detailed assessment proceedings should continue" (CPR47.12(2)). No such reason was adduced. An appeal was not a possible route of challenge. Appeal dismissed.
Civil Procedure Rules 47.12
[ Bailii ]
 
Loader v Law Society [2003] EWHC 2189 (Admin)
17 Jul 2003
Admn

Legal Professions

[ Bailii ]

 
 J J Coughlan Ltd v Ruparelia and others; CA 21-Jul-2003 - [2003] EWCA Civ 1057; Times, 26 August 2003; Gazette, 02 October 2003; [2007] Lloyd's Rep PN 25
 
Nahal v Law Society [2003] EWHC 2186 (Admin)
24 Jul 2003
Admn

Legal Professions

[ Bailii ]
 
Compensation Specialists Limited, Corry, Wright, Chapman v Compensation Claims Service Limited [2003] EWCA Civ 1108; Gazette, 02 October 2003
24 Jul 2003
CA
Lord Justice Brooke Mr Justice Holman Lord Justice Jonathan Parker
Contract, Commercial, Legal Professions
The claimants acted as franchisees of the defendants, having agreed commission arrangements for the introduction of personal injury claimants. Following new rules, the sharing of such commissions became unlawful. The parties had failed to renegotiate a fee arrangement. The defendants appealed saying that the claimants had continuing duties to the lay clients. Held: The duty of client care continued during the life of the claims. The fee payable was a single fee for that entire service. The defendants would accordingly be able to deduct from outstanding commissions the sums paid out fulfilling the obligations undertaken by the claimants.
Access to Justice Act 1999
[ Bailii ]
 
Sweetman v Nathan and others [2003] EWCA Civ 1115; Times, 01 September 2003; [2004] PNLR 89
25 Jul 2003
CA
Lord Justice Schiemann Lord Justice Waller Lord Justice Dyson
Legal Professions
The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim. Held: Although the claimant's fraud on the bank was a "but for" cause of his loss, the claim in negligence should not be struck out on the basis that, given the fraud finding, the claimant had no prospect of success in any action against his solicitor for negligent conveyancing. The key factors were that: (1) the claim against the solicitor for negligence was conceptually entirely separate from the fraud upon which both of them had been engaged: there was force in the analogy with a case I had posited at paragraph 42 of the judgment; and (2) the negligence action could be pleaded and proved without reliance upon any part of the fraud assumed to have been committed on the bank.
1 Cites

1 Citers

[ Bailii ]
 
Dempsey v Johnstone [2003] EWCA Civ 1134; [2004] 1 Costs LR 41; [2004] PNLR 2
30 Jul 2003
CA
Lord Justice Aldous Lord Justice Mance Lord Justice Latham
Costs, Legal Professions
The solicitors appealed against a wasted costs order.
1 Cites

[ Bailii ]
 
Benjamin Gray v Laurie Avadis [2003] EWHC 1830 (QB); Times, 19 August 2003
30 Jul 2003
QBD
The Honourable Mr Justice Tugendhat
Legal Professions, Defamation
The claimant had made complaints against the defendant solicitor to the Office for the Supervision of Solicitors. In answer the defendant made assertions about the claimant's mental health, and she now sought to bring action iin defamation on those statements. The defendant said the statements were protected by absolute privilege. Held: Given the status and nature of the Office it had the characteristics of a tribunal to which the principle in Trapp should be extended. The response had absolute privilege and the claim was bound to fail.
Solicitors Act 1974 34A
1 Cites

[ Bailii ]
 
Cantor Fitzgerald International (formerly Cantor Fitzgerald (UK) Ltd) and Another v Tradition (UK) Ltd and Others (No 2) Times, 11 September 2003; Gazette, 16 October 2003
31 Jul 2003
ChD
Patten J
Costs, Legal Professions
The costs order required payment of the claimants' costs. The court ordered costs to be payable only for certain stages of the case, and in particular that the appellants should pay the respondents costs of the trial commencing on a specified date. The respondents now sought recovery of brief fees for the trial. Held: The court had to interpret 'costs of the trial'. That might normally include the brief fee, but it had to be seen in the particular circumstances. Where brief fees were paid prior to trial they became costs incurred as and when they were paid and would be assessed on that basis.
1 Cites


 
Keith v Davidson Chalmers and others
21 Aug 2003
OHCS
Lady Cosgrove And Lord Justice Clerk And Lord Wheatley
Scotland, Legal Professions

1 Cites

[ ScotC ]
 
P v P (Ancillary Relief: Proceeds of Crime) [2003] EWHC 2260 (Fam); Times, 14 October 2003; Gazette, 16 October 2003; [2004] Fam 1
8 Oct 2003
FD
Dame Elizabeth Butler-Sloss
Legal Professions, Criminal Practice, Family, Litigation Practice
The parties sought guidance from the court on the circumstances which arose in ancillary relief proceedings where a legal representative came to believe that one party might be holding the proceeds of crime. In the course of ancillary relief proceedings, the parties legal representatives concluded that some part of the matrimonial assets might represent the proceeds of crime. If they succeeded in obtaining part of the assets for their client they would commit an offence. They disclosed their concerns but were refused permission to disclose their own disclosure. Held: The representatives had a duty to disclose their concerns to the authorities, but if it was necessary to disclose the tip off for the proceedings and it formed no part of any criminal purpose, they could disclose the tipping off to the other party. The Act envisaged permission to a party to make authorised disclosures. The ambit of the Act was wider than for earlier provisions, and might affect many proceedings. Negotiations could be affected just as much as any actual transfer. The Act makes no distinction between degrees of criminal property. An illegally obtained sum of £10 is no less susceptible to the definition of "criminal property" than a sum of £1million.
Proceeds of Crime Act 2002 333(4)
1 Cites

1 Citers

[ Bailii ]
 
G v Avadis [2003] EWCA Civ 1403
8 Oct 2003
CA

Legal Professions, Defamation

[ Bailii ]
 
Cannan v Governor of HMP Sutton and Another Times, 30 January 2003; [2003] EWCA Civ 1480
9 Oct 2003
CA
Hooper J
Prisons, Legal Professions
The governor instituted a rule requiring that prisoners and their legal advisers wishing to exchange documents must first obtain authorisation. The prisoner challenged the rule, and particularly also that if prior authorisation had not been obtained, permission on the day could only been given in exceptional circumstances. Held: The rule was a response to problems of security, as such it was proportionate and valid, even though the court expressed the wish that the prison should not construe the phrase 'exceptional circumstances' too tightly.
[ Bailii ]
 
Aaron v The Law Society (the Office of the Supervision of Solicitors) [2003] EWHC 2271 (Admin)
13 Oct 2003
QBD
Lord Justice Auld Mr Justice Goldring
Legal Professions, Human Rights
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels' fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. He complained inter alia of delay in the proceedings. Held: When looking at the delay, time was calculated from the date of institution of proceedings, not the investigation. Auld LJ: "Disciplinary proceedings before the Solicitors Disciplinary Tribunal are analogous to criminal proceedings. The uncertainty that springs from and festers with unnecessary and unreasonable delay can, in itself, cause great injustice to practising solicitors, whose livelihood and professional reputations are at stake."
Solicitors' Act 1974 49 - European Convention on Human Rights 6
1 Cites

1 Citers

[ Bailii ]
 
Darby v The Law Society (the Office of the Supervision of Solicitors) [2003] EWHC 2270 (Admin)
13 Oct 2003
QBD
Lord Justice Auld Mr Justice Goldring
Legal Professions
The solicitor appealed findings of misconduct. He had acted for a builder who complained about breaches of confidentiality and a failure to provide written information on costs. Held: The appeal was by way of a rehearing (Preiss), but should differ from the original tribunal only in a clear case. Here there was no justification for overturning the tribunals findings on the facts. As to the penalty, different considerations applied here than in general mitigation in criminal cases. The penalties were not the maximum and were appropriate.
1 Cites

[ Bailii ]
 
Pybus v Law Society [2003] EWHC 2528 (Admin)
14 Oct 2003
Admn

Legal Professions

[ Bailii ]
 
Re A Solicitor No 8 of 2003: Firmin [2003] EWCA Civ 1478
15 Oct 2003
CA
The Master Of The Rolls (Lord Phillips)
Legal Professions
The solicitor appealed an order that he should practise as a solicitor only in approved employment. His accountant confirmed that the delay in filing his accounts was entirely his fault. Held: The only matter of substantial complaint related to the failure to deliver accounts. The condition as to employment was removed.
[ Bailii ]

 
 Regina v Gleeson; CACD 16-Oct-2003 - Gazette, 06 November 2003; Times, 06 November 2003; [2003] EWCA Crim 3357; [2004] 1 Crim App R 29
 
Boyd and Hutchinson (A Firm) v Foenander [2003] EWCA Civ 1516
23 Oct 2003
CA
Auld LJ, Chadwick LJ
Legal Professions
Appeal against order in claim by solicitor for payment of costs.
[ Bailii ]
 
Jemma Trust Company Ltd v Peter D'Arcy Liptrott, John Forrester, Kippax Beaumont Lewis [2003] EWCA Civ 1476; Times, 30 October 2003
24 Oct 2003
CA
Lord Justice Mance Lord Justice Peter Gibson Lord Justice Longmore
Costs, Legal Professions, Wills and Probate
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, "we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one remembers that the solicitor is entitled only to what is fair and reasonable remuneration, taking all relevant factors into account. " There are significant differences in the circumstances in which charges are made for contentious and non-contentious business and the approach to such charges can properly differ even though similar factors apply. It can be of assistance to clients to budget, to substitute an element of a value charge for uncertainty deriving from purely time based costs. Any scale should be regressive. The ultimate safeguard remains the costs judge's duty to allow only such costs as are fair and reasonable in all the circumstances.
Solicitors Act 1974 56 - The Solicitors (Non-Contentious Business) Remuneration Order 1994
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Gene Chandler Laib v Renuka Aravindan (Practicing As HKH Partnership Solicitors) Khurram Mian [2003] EWHC 2521 (QB); Times, 13 November 2003
30 Oct 2003
QBD
The Hon Mr Justice Morland
Legal Professions, Professional Negligence
The appellant claimed damages for professional negligence against his former solicitors. His bank had obtained posession of his mortgaged flat. He had requested his solicitors to issue a counterclaim. His action was dismissed on the basis that the possibility of a counterclaim had been lost with the order for possession. Held: There were circumstances where the action might have continued after the possession order, and in those proceedings he might have counterclaimed. He had now lost that chance. There was a difference between a satisfied judgment and a satisfied claim.
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Three Rivers District Council v Bank of England (No 5) [2003] EWHC 2565 (Comm)
4 Nov 2003
ComC
Tomlinson J
Legal Professions, Evidence
The defendant bank sought protection from disclosure of advice it had received from its solicitors. Held: To the extent that the communications were for the purpose of seeking advice as to its legal rights and obligations, the communications were protected, but not for communications seeking to obtain advice on the manner of presentation of materials to a private enquiry.
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Radford and Co v Charles and Another Times, 26 November 2003
5 Nov 2003
ChD
Neuberger J
Legal Professions
The defendant firm of solicitors appealed a wasted costs order. Held: The jurisdiction to make a wasted costs order was to be used for breaches of duty to the court. It was not proper to make one where, as here, the failure was merely a failure in a duty to his client to act in time.
Supreme Court Act 1981 51(6)

 
Dhillon v Law Society [2003] EWHC 2757 (Admin)
6 Nov 2003
Admn

Legal Professions

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Legal Services Commission v Yvonne Patterson [2003] EWCA Civ 1558; Gazette, 15 January 2004; [2004] ICR 312; [2004] IRLR 153
11 Nov 2003
CA
Clarke, Judge LJJ, Burton J
Legal Professions, Discrimination, Employment
The claimant worked as a sole practitioner solicitor. The firm failed the first part of its franchise assessment. She sought to allege race discrimination. The EAT rejected the complaint on the basis that she was not an employee. Held: The contracts between a firm and the Commission made it clear that this was a contract for services, rather than a contract of service. Accordingly the applicant was free to employ others to do the work she would promise to do for the Commission, and she was not therefore employed with any standing to make a complaint as an employee. She might however proceed on a complaint relating to the authorisation procedure adopted.
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1 Pump Court Chambers v Horton UKEAT/775/03; Times, 14 April 2004; [2003] UKEAT 0775_03_0212
2 Dec 2003
EAT
The Honourable Mr Justice Burton (P)
Discrimination, Legal Professions, Employment
The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act. Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract protection within the Act.
EAT Disability Discrimination - Disability.
Disability Discrimination Act 1995 13(4)
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1 Citers

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Shuman, Re Matter of the Solicitors' Admissions Regulations [2003] EWCA Civ 1787
3 Dec 2003
CA

Legal Professions

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Bakhitar v Keosghgerian and Others [2003] EWHC 3084 (QB)
3 Dec 2003
QBD
Overend J
Legal Professions, Torts - Other
An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated. Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm's employee, and they had vicarious liability for his behaviour.
Partnership Act 1890 5
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Marsh v Sofaer and Another Times, 10 December 2003; [2003] EWHC 3334 (Ch); [2007] Lloyd's Rep PN 10
3 Dec 2003
ChD
Sir Andrew Morritt, VC
Legal Professions, Professional Negligence
The claimant had instructed the defendant firm of solicitors in civil proceedings. At a later time, she was prosecuted convicted and sentenced for criminal acts. She claimed that the defendant solicitor who had come to believe that she did not have mental capacity, should have passed on that view to the other firm, which may have affected the outcome of her criminal trial. Held: The claim failed. The solicitor had no duty to inform the other solcitor of his view. The second solicitor could be assumed toi be able to make such an assessment himself, and it would have been a breach of his duty of confidence to the claimant.
1 Citers

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Awan v Law Society [2003] EWCA Civ 1969
10 Dec 2003
CA

Legal Professions

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AMOK Verlags GmbH v A and R Gastronomie GmbH C-289/02; [2003] EUECJ C-289/02
11 Dec 2003
ECJ

European, Legal Professions
ECJ Freedom to provide services - Lawyer established in one Member State working in conjunction with a lawyer established in another Member State - Legal costs to be reimbursed by the unsuccessful party in a dispute to the successful party - Limitation.
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 Stokes v Law Society; Admn 11-Dec-2003 - [2003] EWHC 3254 (Admin)
 
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