The court discussed the relative duties of solicitor and counsel. Taylor LJ set out the principles that: 1) In general a solicitor, is entitled to rely upon the advice of counsel properly instructed;
2) For a solicitor, without special experience in a particular field, to rely on counsel’s advice is to make normal and proper use of the Bar;
3) However the solicitor must not do so blindly but must exercise his independent judgment. If he thinks that counsel’s advice is obviously or glaringly wrong, he is under a duty to reject it;
4) Although a solicitor should not assist a litigant where prosecution of the claim amounts to an abuse of process, it is not his duty to assess the result of a conflict of evidence or impose a pre-trial screen on a litigant’s claim.
Judges:
Taylor LJ
Citations:
[1991] 2 Med LR 249
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Justices of Luton Family Proceedings Court; Her Honour Judge Pearce of Luton County Court; Director of Social Services of Bedfordshire County Council ex parte Abdul Rahman and Azra Bi Admn 16-Dec-1996
In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Cited – McFaddens (A Firm) v Platford TCC 30-Jan-2009
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings.
Held: . .
Lists of cited by and citing cases may be incomplete.
Health, Costs, Legal Professions
Updated: 11 June 2022; Ref: scu.179861