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Legal Professions - From: 2004 To: 2004

This page lists 55 cases, and was prepared on 02 April 2018.

 
Regina v G and B [2004] 2 Cr App R 37; [2004] EWCA 1368
2004
CACD
Rose LJ
Criminal Practice, Legal Professions
Rose LJ said: "Both in principle and pragmatically, whether a solicitor or barrister can properly continue to act is a matter for him or her and not the court, although of course the court can properly make observations on the matter".
1 Citers


 
Sritharan v Law Society [2004] EWHC 2932 (Ch
2004
ChD

Legal Professions
The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination.
Solicitors Act 1974
1 Citers


 
Preedy and Okoronkwo v Law Society [2004] EWHC 2709 (Ch)
2004
ChD

Legal Professions
The Society had intervened in the Solicitor's practice. The solicitor had made no attempt to comply with the Accounts rules at all, and there was not even a separate client bank account.
1 Citers


 
A Solicitor, Re an Application By the Law Society [2004] NICh 2
23 Jan 2004
ChNI

Northern Ireland, Legal Professions

[ Bailii ]
 
Marlwood Commercial Incorporated, Viktor Kozeny, Charles Towers-Clark, Oily Rock Group Limited, Minaret Group Limited and the Director of the Serious Fraud Office v Omega Group Holdings Limited and Others, Viktor Kozeny, Charles Towers-Clark, [2004] EWHC 189 (Comm
9 Feb 2004
ComC
Mr Justice Moore-Bick
Legal Professions, Evidence

[ Bailii ]
 
Regina (Howe) v South Durham Magistrates Court Times, 26 February 2004; [2004] EWHC 362
13 Feb 2004
QBD
Rose LJ, Savid Clarke J
Legal Professions, Evidence
The defendant was convicted of driving whilst disqualified. He had put the prosecution to proof of the fact that it was he who had been prosecuted. The prosecution called his solicitor to give evidence that it was his client who had been banned on the earlier occasion. Held: The solicitor was being asked not about private matters but about matters which had occurred in open court. Accordingly no question of privilege arose, and the approach was proper.
1 Cites

1 Citers


 
Regina on the Application of Thompson v The Law Society [2004] EWCA Civ 167; Times, 01 April 2004; Gazette, 01 April 2004
20 Feb 2004
CA
Lord Justice Clarke Lord Justice Kennedy Lord Justice Jacob
Legal Professions, Human Rights
The claimant complained at the disciplinary procedures of the Law Society. Held: A failure to hold a disciplinary hearing in public was not an infringement of the claimant's human rights. The two questions of whether there had been a determination of articlce 6 rights, and then whether there had been an infringement of them must not be separated artifiicially. Despite the professional consequences, the the decision to issue a reprimand did not become a determination of his civil rights.
1 Cites

[ Bailii ]
 
Pickersgill and Another v Riley [2004] UKPC 14; Times, 02 March 2004; Gazette, 25 March 2004; [2004] PNLR 31
25 Feb 2004
PC
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond
Commonwealth, Legal Professions, Professional Negligence
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been argued that he had become an homme d'affaire for his client and under a general duty to advise. Held: The client was an experienced businessman by whom such risks were well understood. The solicitor, even as homme d'affaires, was not under a duty to investigate matters outside the explicit or implicit range of his instructions. "The scope of a solicitor's duty is governed by the instructions he receives and the circumstances of the case. The scope of a solicitor's duties may in some cases justify his description as an "homme d'affaires" but the bestowing of that description on him cannot alter or add to the extent of the duty of care that he would otherwise owe."
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Three Rivers District Council and others v The Governor and Co of the Bank of England (No 6) [2004] EWCA Civ 218; Times, 03 March 2004; Gazette, 18 March 2004; [2004] 3 All ER 168; [2004] QB 916; [2004] 2 WLR 1065
1 Mar 2004
CA
Lord Justice Longmore Lord Phillips Of Worth Matravers, Mr Lord Justice Thomas
Litigation Practice, Legal Professions
The Bank of England had sought assistance from its lawyers to prepare for a private non-statutory enquiry. The claimant sought disclosure of that advice. The defendant bank claimed legal professional privilege. Held: Not all advice given by a solicitor to his client attracts privilege. The broad protection which did exist did not extend to situations where the dominant purpose was not the obtaining of legal advice and assistance in relation to legal rights and obligations. What was protected was advice which required a knowledge of the law. Here, the advice was on matters of presentation, though that might have included matters of law. That possibility would not protect the entire range of assistance given. Where the advice was as to how the witness might present his case so as perhaps to avoid criticism, that should not itself attract privilege. The inquiry was not concerned with legal rights and liabilities. The communications did not in general attract privilege.
Tribunals of Inquiry Evidence Act 1921 1(3)
1 Cites

1 Citers

[ Bailii ]
 
USP Strategies Plc and Another v London General Holdings Ltd and others [2004] EWHC 373 (Ch)
1 Mar 2004
ChD
Mann J
Legal Professions, Company
In the course of litigation, in the course of which summaries of advice given to the defendants by their lawyers was produced in evidence. They sought that it be struck out as protecetd by legal privilege. Held: Though summarised, the documents retained the characteristic which gave it protection from disclosure.
1 Cites

[ Bailii ]
 
Denton v Denton and Other Times, 14 April 2004
1 Mar 2004
FD

Legal Professions, Costs
The solicitor had written in his client care letter that 'we have agreed that a claim for costs will not be made until money is received at the end of the case'. The client resisted a request to pay counsel's fees. Held: Solicitors should take great care with their client care letters, but the letter should be construed purposively, and it was clear that the solicitor was agreeing only to postpone his own claim for costs.
1 Cites


 
Spencer v Wood and Another (T/A Gordons Tyres, A Firm) [2004] EWCA Civ 352; Times, 30 March 2004
15 Mar 2004
CA

Legal Professions, Litigation Practice
A conditional fee agreement was invalid in failing to specify how much of the success fee was attributable to a cost for the representative's agreement to postone his fees and expenses.
[ Bailii ]
 
Sheikh v Independent Tribunal Service Unreported, 16 March 2004
16 Mar 2004
EAT
Peter Clark J
Employment, Legal Professions
Part-time chairmen of social security tribunals were office holders rather than employees and were not Crown employees.
1 Citers


 
United States of America v Philip Morris Inc and Others and British American Tobacco (Investments) Ltd [2004] EWCA (Civ) 330; Times, 16 April 2004
23 Mar 2004
CA
Mr Justice Brooke Lord Justice Chadwick Lord Justice Scott Baker
Litigation Practice, Legal Professions, Evidence
The defendants appealed orders requiring them to produce evidence for use in the courts in the US. Held: It was the pleasure and duty of British courts to respond positively to a letter of request. Public interest required that a court should have before it all the evidence it required to fulfil its task. Unless it was clear that the majority of questions asked could be resisted on the grounds of legal professional privilege, the rquest should be complied with.
Evidence (Proceedings in other Jurisdictions) Act 1975
1 Cites

1 Citers

[ Bailii ]
 
In re Burton Marsden Douglas (a Firm), Marsden and Another v Guide Dogs for the Blind Association and Others Times, 25 March 2004
25 Mar 2004
ChD
Lloyd J
Legal Professions
A solicitor had acted in the administration of an estate. His practice was merged with another, and after the merger he prepared an inflated account. He had transferred the money before the mrger. He had disappeared. The charities were residuary beneficiaries who object to the bill and sought repayment from the new partnership. Held: The new partners were not jointly and severally liable for the debt. There had been no novation of the contract to transfer liability to the new partnership. The section could not be used to order a firm to repay money rceived.
Solicitors Act 1974 71

 
Assets Recovery Agency, Re Walsh and Proceeds of Crime Act 2002 [2004] NIQB 21
1 Apr 2004
QBNI

Northern Ireland, Legal Professions

Proceeds of Crime Act 2002
[ Bailii ]
 
Rayne v Hm Prison Strangeways Manchester [2004] EWHC 903 (Admin)
6 Apr 2004
Admn

Insolvency, Contempt of Court, Legal Professions

[ Bailii ]
 
Ganafa, Regina (on the Application Of) v Immigration Appeal Tribunal [2004] EWHC 1129 (Admin)
28 Apr 2004
Admn

Legal Professions, Legal Aid

[ Bailii ]
 
Chohan v The Law Society [2004] EWHC 1145 (Admin)
28 Apr 2004
Admn

Legal Professions

[ Bailii ]
 
Elliott, Regina (on the Application Of) v Solicitors Disciplinary Tribunal and Another [2004] EWHC 1176 (Admin)
29 Apr 2004
Admn

Legal Professions

[ Bailii ]
 
Hayes v The Law Society [2004] EWHC 1165 (Admin)
12 May 2004
Admn

Legal Professions

[ Bailii ]
 
Kidd v Office for the Supervision of Solicitors [2004] EWHC 1454 (Admin)
14 May 2004
Admn

Legal Professions

[ Bailii ]
 
The Accident Group Test Cases; Sharratt v London Central Bus Company and Other Cases [2004] EWCA Civ 575; Gazette, 10 June 2004
20 May 2004
CA
Lord Justice Buxton Lord Justice Kennedy Lord Justice May
Costs, Legal Professions
The Accident Group operated a system whereby they introduced potential claimants to personal injury lawyers, arranging costs insurance for them. They appealed a finding that the payment was made in breach of the 1990 code, and was not recoverable. Held: The appeal was dismissed. The company making the risk assessment operated as agent of the solicitor, but the obligation to pay arose before a solicitor-client relationship was created. It was therefore a referral fee, and irrecoverable.
Access to Justice Act 1999 29 - Solicitors Introduction and Referral Code 1990
1 Cites

[ Bailii ]
 
Qualifying Insurers Subscribing To Arp and Another v Ross and Co and Another [2004] EWHC 1181 (Ch)
25 May 2004
ChD
Vice-Chancellor
Legal Professions, Insurance

[ Bailii ]
 
Regina v G and Another (PII: Counsel's duty) [2004] 1 WLR 2932; Times, 08 June 2004
27 May 2004
CACD
Rose LJ, Cresswell , Andrew Smith JJ
Criminal Practice, Legal Professions
During the course of the trial, the prosecutor had inadvertently disclosed to the defence legal team material which had been subject to a public interest immunity certificate. The judge made an order under the 1987 Act that the defence team must not disclose the materials to their clients, nor use it for their defence. Held: The jury having been discharged on the discovery, what then happened was a preparatory hearing, and there did exist a right of appeal. The judge had correctly seen the order as ancillary to the original PII certificate order. He had considered that the material would not impede the conduct of the defence. However, such an order would lead to several substantial practical difficulties and dangers for the defence lawyers. An asymmetric Chinese Wall between some defendants and their counsel and others would create an unfairness. This was reflected already in the documents submitted on the appeal. The judge could not conclude that the legal team could not properly continue to act. That was a decision for them, not him. If such orders were possible the special counsel procedures approved in R v H would not be required. Appeal allowed.
Rose LJ identified the inevitable damage to the relationship between the lawyer of revealing information to the lawyer on condition that it not be passed to the client: ". . . in addition to preventing frankness and fettering the free flow of information between lawyer and client, the order would be likely to nurture in the client a belief that his lawyers are putting other interests . . . above his own; and the client's perception of the relationship is a matter of importance . . ."
Criminal Justice Act 1987 9(11)
1 Cites

1 Citers


 
Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm) Times, 18 June 2004; [2004] EWHC 1337 (Ch)
2 Jun 2004
ChD
Lawrence Collins J
Legal Professions
The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose. Held: Though the transactions were different, there remained a sufficient risk of conflict. Most cases on the issue related to single issue conflicts, but the rule was not so restricted. There was insufficient reason to think "the double employment rule being limited to same matter conflicts. I accept there must be some reasonable relationship between the two matters, but they do not, in my judgment, have to be the same. " As to the poossible use of Chinese Wall arrangements: "So far as confidential information is concerned, it is obviously a huge amount of confidential information within Freshfields in relation to Marks and Spencer's affairs through acting for it over the years, some of which may be material to the bid, if only to be discarded. I cannot see, even with a firm the size of Freshfields, that effective information barriers can be put in place given the very large number of people involved, even on the two matters. There must be very many Freshfields people with knowledge of Marks and Spencer's confidential information. In those circumstances I am satisfied that the Chinese Walls cannot be or be seen to be sufficient."
1 Cites

1 Citers



 
 Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer; CA 3-Jun-2004 - [2004] EWCA Civ 741
 
Clarke Willmott and Clarke v Evans [2004] EWCA Civ 803
9 Jun 2004
CA

Professional Negligence, Legal Professions

[ Bailii ]
 
Kenneth L Kellar Carib West Limited v Stanley A Williams [2004] UKPC 30; [2005] 4 Costs LR 559; (2004) 148 SJLB 821
24 Jun 2004
PC
Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote, Lord Carswell, Dame Sian Elias
Commonwealth, Legal Professions, Costs
(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as the degree of success in the case, and the respondent argued that this showed the existence of a conditional fee element. Held: The letter relied upon did not establish what was suggested, and nor could the fact that the remuneration rate had not been formally agreed in advance. It was not unlawful as a conditional fee arrangement. The case was remitted for taxation to proceed.
The Privy Council expressed the view that "it may now be time to reconsider the accepted prohibition in the light of modern practising conditions."
1 Cites

1 Citers

[ Bailii ] - [ PC ] - [ PC ]
 
Camacho, Regina (on the Application Of) v the Law Society [2004] EWHC 1675 (Admin)
12 Jul 2004
Admn

Legal Professions

[ Bailii ]
 
Camacho, Regina (on the Application of) v The Law Society [2004] EWHC 1673 (Admin); Times, 05 October 2004; [2004] 1 WLR 3037
12 Jul 2004
Admn
Thomas LJ, Silber J, Goldring J
Legal Professions
The Solicitors Disciplinary Tribunal had suspended the applicant, with recommendations as to conditions to be imposed by the Law Society if the suspension was later lifted. The solicitor appealed. Held: The Tribunal itself had power to impose such conditions, and if it thought them appropriate then it should make its own orders accordingly, and not delegate this to the Law Society later.
Solicitors Act 1974
1 Cites

1 Citers

[ Bailii ]
 
Westland Helicopters Ltd v Sheikh Salah Al-Hejailan [2004] EWHC 1625 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Colman
Arbitration, Legal Professions

Arbitration Act 1996 67
1 Citers

[ Bailii ]
 
Crown Resources Ag v Sumitomo Corporation (Singapore) [2004] EWHC 1670 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Morison
Costs, Legal Professions
Request for wasted costs order
[ Bailii ]
 
Paul Higham of 1 Pump Court Chambers v Meurig Iestyn Horton [2003] EWCA Civ 941; Times, 21 July 2004
15 Jul 2004
CA
Lord Justice Peter Gibson Laddie, The Hon Mr Justice Laddie Lord Justice Jonathan Parker
Discrimination, Legal Professions
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade organisation. Held: In the light of the rights and duties of the pupil within the organisation, a pupil was not a member of a chambers in any sense to give rise to a duty under the Act. (Laddies dissenting) The fact that he was not a full member did not mean that he was not a member within the Act.
Disability Discrimination Act 1995 13
1 Cites

1 Citers

[ Bailii ]
 
P S and others v Law Society [2004] EWHC 1706 (Ch)
16 Jul 2004
ChD
The Hon Mr Justice Evans-Lombe
Legal Professions
The applicants sought orders directing the respondent to withdraw its intervention in the solicitors practice of the first claimant. They had become concerned at the possibility that investment schemes managed by one partner were being being used for money laundering. Held: In view of matters since the commencement of the proceedings the court could not now make any useful order.
Solicitors Act 1974
1 Cites

[ Bailii ]
 
Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society [2004] EWHC 1803 (Ch); Times, 05 August 2004
22 Jul 2004
ChD
The Hon Mr Justice Lightman
Legal Professions, Legal Aid, Arbitration
The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in their practice. Held: The relationship was governed by the contract, and that contract provided for such disputes to be resolved by arbitration. All claims were to be stayed pending the result of that arbitration, and the arbitrator was not confined to considering the parties casues of action.
Arbitration Act 1996 6
1 Citers

[ Bailii ]
 
Law Society v Bahl Times, 07 October 2004; [2004] EWCA Civ 1070; [2004] IRLR 799
30 Jul 2004
CA

Legal Professions, Discrimination
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination from her unreasonable treatment. Held: The ability and readiness of a tribunal to infer discriminatory motives from unreasonable behaviour applied only in the absence of an explanation or justification given by the respondent. The tribunal had not properly dealt with the question of what reasons other than discrimination might have been given for the claimant's treatment. There was no explanation or evidential basis for the findings of discrimination. The appeal was dismissed.
1 Cites

1 Citers

[ Bailii ]
 
British American Tobacco (Investments) Ltd v United States of America [2004] EWCA Civ 1064
30 Jul 2004
CA

International, Legal Professions
The claimant appealed an order for its London solicitor to be examined in connection with proceedings in the US. Held: A court should not make an order which was superfluous. The witness had now given his evidence. However, the foreign decision rested on an assumption that the co-operation had been voluntary. There had been no choice to disclose the documents and so there was no waiver of legal professional privilege.
1 Cites

[ Bailii ]
 
Bennett v Chief Executive Officer of the Australian Customs Service [2004] FCAFC 237
25 Aug 2004


Commonwealth, Legal Professions
Austlii (Federal Court of Australia) EVIDENCE – Privilege – Legal professional privilege – Waiver – Letter conveying substance and effect of legal advice to third party – Inconsistency between disclosure and confidentiality – Waiver imputed where final conclusion of legal advice stated – Voluntary disclosure of the conclusion of legal advice waives privilege in relation to undisclosed reasons for conclusion – Disclosure of one conclusion does not necessarily waive privilege in relation to undisclosed conclusions
FREEDOM OF INFORMATION – Appeal from Administrative Appeals Tribunal on question of law – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Principles relating to waiver of privilege in documents otherwise exempt – Decision as to waiver involved an error on a question of law as to correct application of test for waiver of privilege
FREEDOM OF INFORMATION – Administrative Appeals Tribunal – Powers of Tribunal under Freedom of Information Act 1982 (Cth) s 58 – Tribunal empowered to review any decision made by an agency or Minister – Tribunal stands in shoes of relevant agency or Minister for purpose of administrative review – Power of Tribunal to review decision of agency or Minister not severable from power to determine threshold questions in relation to reviewable decision – Tribunal not empowered to review decision to claim exemption from disclosure on grounds of privilege without reviewing validity of privilege claim itself
FREEDOM OF INFORMATION – Exempt documents – Documents privileged from production on grounds of legal professional privilege – Documents containing privileged matter not exempt if used by relevant agency to determine entitlements or obligations of persons generally under an enactment or scheme administered by that agency – Legal advice provided in relation to particular case may fall within this category in some circumstances
ADMINISTRATIVE LAW – Limits upon power of Court on appeal from Administrative Appeals Tribunal
1 Citers

[ Austlii ]
 
Re Law Society of Northern Ireland [2004] NIQB 48
9 Sep 2004
QBNI
Girvan J
Northern Ireland, Legal Professions
The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some considerable time, and the Society established its own committee to consider the issue. They argued that the duty to fix rates under the order was not dependent upon affordability. The court service had not agreed the new rates. The Society argued that they had been involved through membership of the relevant committees. There was a duty to provide fair and reasonable remuneration. Held: 'The constitutional requirement that parliament contains direct control of public expenditure operates as an aid to construction of statutory provisions. ' The Society was not free to set remuneration rates without the agreement of those who were to fund them. The Society's solution was to approach the Lord Chancellor who set the level of funds available.
Legal Aid (Northern Ireland) Order 1981
1 Cites

[ Bailii ]
 
Dutton v Law Society [2004] EWHC 2669 (Admin); Times, 31 January 2005
19 Oct 2004
Admn
Latham LJ, Curtis J
Legal Professions
The solicitor had accepted funds on an agreed basis as to the way in which they could be paid out. Having paid out the money in breach of the agreement, the tribunal was entitled to find the solicitor dishonest. The tribunal had found that a solicitor would not have given an assurance that money would be paid into client account but then given different account details. However the court granted an adjournment to allow the solicitor to to recover from his mental illness.
[ Bailii ]
 
Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis), Papadimitriou v Symes (A Bankrupt) Robin Symes Limited (In Administrative Receivership) Jean-Louis Domercq [2004] EWHC 2330 (Ch); [2005] 2 Costs LR 224; [2005] 2 All ER (Comm) 538; [2005] CP Rep 12; [2005] 4 All ER 519; [2005] 1 WLR 2043; (2005) 83 BMLR 115
20 Oct 2004
ChD
The Honourable Mr Justice Peter Smith
Litigation Practice, Costs, Legal Professions
Dr Zamar had given expert evidence in the principal proceedings. It was now said that that evidence had not been given in the proper way, and a remedy was now sought.
1 Cites

1 Citers

[ Bailii ]
 
Wells v Law Society [2004] EWHC 2501 (Admin)
21 Oct 2004
Admn

Legal Professions

[ Bailii ]
 
Clifford Harris and Co v Solland International Ltd and others [2004] EWHC 2488 (Ch)
3 Nov 2004
ChD
Mr Justice Richards
Legal Professions
The claimant solicitors sought their costs from the defendant former clients. They now applied for orders under section 73 of the 1974 Act to have them settled from the proceeds of their litigation now held by another firm of solicitors now acting for the defendants.
Solicitors Act 1974 73
1 Cites

1 Citers

[ Bailii ]
 
Schering Corporation v CIPLA Ltd and Another Times, 02 December 2004; [2004] EWHC 2587 (Ch); [2005] FSR 25
10 Nov 2004
ChD
Laddie J
Legal Professions, Litigation Practice
The defendants appealed against a refusal to strike out the patent infringement proceedings issued by the claimant, saying the only evidence offered was a letter written by the defendants which was headed 'without prejudice'. Held: The essential character of a without prejudice communication was that the writer genuinely intended it to form part of a negotiation. That might arise on the first part of a communication, as it did here. The appeal succeeded.
Laddie J referred to Standrin and said: "it seems to me that the Court of Appeal indicated that in determining the nature of correspondence and, in particular, in determining whether or not it is to be treated as bona fide without prejudice, it is necessary to consider all the circumstances. In that case, the common practice of negotiating when a reference to the Land Tribunal was in prospect was one factor which the Court of Appeal took into consideration. But it also took into consideration the fact that the document was headed with the words "without prejudice". As Parker LJ made clear, merely putting those words on a document does not conclusively mean that the document is privileged. However the occurrence of those words may well be an important factor in determining the document's status.
Behind this, it seems to me, is the following principle.The court has to determine whether or not a communication is bona fide intended to be part of or to promote negotiations. To determine that, the court has to work out what, on a reasonable basis, the intention of the author was and how it would be understood by a reasonable recipient."
1 Cites

1 Citers

[ Bailii ]

 
 Three Rivers District Council and others v Governor and Company of the Bank of England (No 6); HL 11-Nov-2004 - [2004] UKHL 48; Times, 12 November 2004; [2004] 3 WLR 1274; [2005] 1 AC 610
 
Hallinan, Blackburn-Gittings and Nott (A Firm), Regina (on the Application Of) v Crown Court at Middlesex Guildhall and Another [2004] EWHC 2726 (Admin); Times, 29 November 2004; [2005] 1 WLR 766
15 Nov 2004
Admn
Rose LJ, Leveson J
Criminal Practice, Legal Professions
In a criminal investigation, the police came to suspect that a junior clerk in a barristers' chambers was intending to give a false alibi. Though the solicitors were innocent of any wrongdoing, the police required their file. The solicitors claimed legal professional privilege. Held: Where there is evidence of specific agreement to pervert the course of justice, which is freestanding and independent, in the sense that it does not require any judgment to be reached in relation to the issues to be tried in the case in the solicitor's office, the court may well be in a position to evaluate whether what has occurred falls within or outwith the protection of legal professional privilege as explained in Cox and Railton.
Police and Criminal Evidence Act 1984 9(1)
1 Cites

1 Citers

[ Bailii ]
 
Latchman, Regina (on the Application of) v Secretary of State for the Home Department [2004] EWHC 2795 (Admin)
16 Nov 2004
Admn

Legal Professions

[ Bailii ]
 
Robson v The Council of the Law Society of Scotland and Another [2004] ScotCS 252
24 Nov 2004
ScS

Scotland, Legal Professions

[ Bailii ]
 
Robson v The Council of the Law Society of Scotland the Scottish Solicitors Discipline Tribunal
24 Nov 2004
OHCS
Lord Maclean And Lord Kirkwood And Lord Osborne
Scotland, Legal Professions

[ ScotC ]
 
Rose v Dodd [2004] UKEAT 0517_04_3011
30 Nov 2004
EAT

Employment, Legal Professions

1 Citers

[ Bailii ]
 
Saiadi, Regina (on the Application Of) v Bpp Law School and Another [2004] EWCA Civ 1759
30 Nov 2004
CA

Legal Professions

[ Bailii ]
 
Hakendorf v Vivian [2004] EWHC 2821 (QB)
14 Dec 2004
Admn

Legal Professions

[ Bailii ] - [ Bailii ]
 
Aisbitt v Conrathe and Another [2004] EWCA Civ 1753
14 Dec 2004
CA

Legal Professions, Damages, Costs

[ Bailii ]
 
Law Society v Bultitude Times, 14 January 2005; [2004] EWCA Civ 1853
16 Dec 2004
CA
Kennedy LJ, Law LJ, Lady Justice Arden
Legal Professions
The solicitor had committed breaches of the accounts rules. The Society appealed an order suspending him from practice for two years. Held: Many solicitors who had improper recourse to client funds intended to repay those sums. Striking off should be seen as the almost inevitable consequence of dishonesty, and a solicitor should not escape the penalty only because he had been caught before he had opportunity to make good the default.
1 Cites

1 Citers

[ Bailii ]
 
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