Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974
. .
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
The claimants challenged revocation of their student membership of the Law Society. The revocation had been made on the basis that they had declared work to be their own unaided work when they were said to have colluded on an assignment.
Held: . .
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References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce Ratio:In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’): HL 1976
References: [1976] 1 WLR 989, [1976] 2 Lloyd’s Rep 621, [1976] 3 All ER 570 Coram: Lord Wilberforce In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The Diana Prosperity”): HL 1976″
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The claim concerned the plaintiffs claim for costs having represented the defendant successfully. They delivered a bill which detailed disbursements, and gave a 14 line narrative, but no other detail. The defendant requested more detail, being unaware as to the consequences as to a gross sum or bill containing detailed items. Was his request a … Continue reading Penningtons (a Firm) v Brown: CA 30 Apr 1998
Judges: Senior Costs Judge Gordon-Saker Citations: [2022] EWHC 2574 (SCCO) Links: Bailii Statutes: Solicitors Act 1974 68 69 Jurisdiction: England and Wales Costs Updated: 07 November 2022; Ref: scu.682261
A solicitor may issue a statutory demand for the payment of his untaxed bill before the one month has expired following its delivery. Sir Donald Nicholls V-C said: ‘The possibility that the amount of the bills might be reduced on a taxation which has still not been initiated is not a sufficient reason in this … Continue reading In Re A Debtor (No 88 of 1991): ChD 2 Dec 1992
The solicitors had made use of the online facility provided by the appellant Law Society to verify the bona fides of a firm of solicitors acting for a third party to a transaction. Relying upon the information, they suffered losses, and claimed in negligence. The Law Society now appealed against a refusal of its request … Continue reading The Law Society of England and Wales v Schubert Murphy (A Firm): CA 25 Aug 2017
Costs – Contentious Business Agreement- Section Does not limit the costs recoverable by a successful party to the hourly rates agreed in a Contentious Business Agreement – the limit only applies to the global limit payable under the agreement. Judges: Tuckey J Citations: [1997] 2 Costs LR 66 Statutes: Solicitors Act 1974 60(4) Jurisdiction: England … Continue reading General of Berne Insurance Company v Jardine Reinsurance Management Ltd and Others: ComC 24 Jun 1997
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 … Continue reading Ralph Hume Garry (a Firm) v Gwillim: CA 22 Oct 2002
A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application under paragraph 6(4) of schedule 1] (I prefer not to use the word discretion … Continue reading Giles v The Law Society: CA 20 Oct 1995
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative claims for unfair dismissal. Held: In hearing appeals from the EAT the first question the court … Continue reading British Newspaper Printing Corporation v Kelly: CA 1989
The solicitors had obtained pemission from the Society to employ a struck off solicitor. The Society came to allege that the actual employment differed and was not covered by the consent, The Society appealed a finding that the solicitors were not guilty of unbefitting conduct in their supervision of the struck off solicitor. Held: Nothing … Continue reading The Law Society v Alec Leslie Wheeler and John Michael Stephens: Admn 21 Jul 2005
Judges: Laws LJ, Stanley Burnton J Citations: [2007] EWHC 1175 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49 (1) (b) Jurisdiction: England and Wales Legal Professions Updated: 06 December 2022; Ref: scu.252404
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was ambiguous. No order for damages could be made, however where it was … Continue reading Rogers and Another v Freeguard and Another: CA 19 Oct 1998
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
Several partners in a solicitors practice may have been at fault, but only one partner had been brought before the tribunal. He appealed against an order making him solely responsible for the costs. Held: There was nothing necessarily wrong with such an order. Judges: Lord Justice Kennedy, Mrs Justice Hallet and Mr Justice Stanley Burnton … Continue reading Singh v Law Society: QBD 5 Dec 2001
Judges: Tim Kerr QC sitting as a deputy High Court judge Citations: [2014] EWHC 4382 (Ch), [2015] WLR(D) 5, [2015] 1 WLR 2094, [2015] 3 All ER 522 Links: Bailii, WLRD Statutes: Solicitors Act 1974 50 Jurisdiction: England and Wales Legal Professions Updated: 19 November 2022; Ref: scu.541756
Where only part of action for which costs are awarded, is covered by a contentious business agreement, and the amount recoverable is limited, that part is severable from the balance. A paying party cannot be ordered to pay a receiving party more by way of costs than the receiving party is himself liable to pay … Continue reading General of Berne Insurance Company v Jardine Reinsurance Management Limited: CA 12 Feb 1998
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had been added to the loan amount. The agreement was a fixed sum credit agreement regulated … Continue reading Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
The defendant sought to assert that the agreement under which possession of her house was sought was an extortionate credit bargain. She had to obtain leave to appeal out of time. Held: The rules required an application to be supported by evidence. In this case the leave had been granted without formal consideration of the … Continue reading Southern and District Finance Plc v Turner: CA 7 Nov 2003
Citations: [2009] EWHC 3590 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1)(b) Jurisdiction: England and Wales Legal Professions Updated: 27 October 2022; Ref: scu.401946
No appeal from Solicitors Disciplinary Tribunal on interlocutory matters. Citations: Independent 28-Apr-1994 Statutes: Solicitors Act 1974 49(1)(b) Jurisdiction: England and Wales Legal Professions Updated: 26 October 2022; Ref: scu.85705
The court upheld the refusal of the master to allow the claimant solicitors to submit an amended bill: ‘In his oral submissions, Mr Stockler . . frankly acknowledged that he had been in error in supposing that it was possible to charge an uplift for contentious work, and said that he tried to make the … Continue reading Bilkus v Stockler Brunton (A Firm): ChD 30 Jul 2009
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to the evaluation of those facts and to inferences to be drawn from … Continue reading Fage UK Ltd and Another v Chobani UK Ltd and Another: CA 28 Jan 2014
The defendant had intervened in a solicitors’ firm insured by the claimants. The claimants sought access to files and accounting records so that it could defend insurance claims. The defendant denied access to files other than those on which claims had been made. Held: The claim failed. The claimant put two arguments.Q said they were … Continue reading Quinn Direct Insurance Ltd v The Law Society of England and Wales: ChD 23 Oct 2009
G executed a deed surrendering his life interest in a trust fund in order to vest the property in his two children: the deed did not have that effect because of two errors (one of which was ignoring the fact that his life interest was subject to protective trusts), with the result that the fund … Continue reading Gibbon v Mitchell: ChD 1990
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The claimant sought a declaration that his contract for the sale of leasehold property to the defendants had been lawfully terminated by a letter from his solicitors. The defendants had moved in before completion, but the claimant found himself unable to comply with a requirement of the contract and purported to rescind and required the … Continue reading Irwin v Wilson and Others: ChD 23 Feb 2011
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise. Held: After Carey it was not to be argued that the bank was under a duty to provide the original signed agreement or … Continue reading Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
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. Judges: Mr Justice Richards Citations: [2004] EWHC 2488 (Ch) Links: … Continue reading Clifford Harris and Co v Solland International Ltd and others: ChD 3 Nov 2004
Assessing the costs of the successful Claimant in an application for delivery of a final statute bill under the Solicitors Act 1974. Citations: [2019] EWHC B3 (Costs) Links: Bailii Jurisdiction: England and Wales Costs Updated: 23 August 2022; Ref: scu.641810
Issue about the scope of an assessment of costs under section 70 of the Solicitors Act 1974. Citations: [2022] EWHC 1968 (QB) Links: Bailii Statutes: Solicitors Act 1974 70 Jurisdiction: England and Wales Costs Updated: 19 August 2022; Ref: scu.679726
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 andpound;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 … Continue reading Haycocks v The Law Society: CA 17 Jun 2003
The ship owners wrongfully repudiated a charterparty in March 1973, 14 months after its inception. The charterers did not hire a substitute but claimed damages for the loss of profits they would have made between January and April 1974, during which period there was a substantial rise in market rates. Held: The standard measure in … Continue reading Koch Marine Inc v D’Amica Societa Di Navigazione ARL (The Elena d’Amico): QBD 1980
Judges: Lord Neuberger MR Citations: [2010] EWCA Civ 196 Links: Bailii Statutes: Solicitors Act 1974 Jurisdiction: England and Wales Legal Professions Updated: 14 August 2022; Ref: scu.402572
The court was considering a case where proceedings under paragraph 6(5) to terminate an intervention had been brought at a time when the solicitor against whose practice the intervention had been made was being proceeded against by the SDT on charges of dishonesty. Held: ‘if Mr Wilson Smith is not found guilty, then the outcome … Continue reading Wilson Smith v The Law Society: ChD 21 Feb 2000
The solicitor’s client had requested the solicitor to obtain a remuneration certificate from the Law Society. Judges: Keith J Citations: [2010] EWHC 38 (Admin) Links: Bailii Statutes: Solicitors Act 1974 56(2),
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 … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
An application by a solicitor to challenge an intervention in his practice must be pursued speedily. If not the intervention will have become complete, and the result is that an application would be ineffective. The court should leave what was in effect an attempt by the solicitor to establish that he was a fit and … Continue reading Virdi v Law Society: ChD 20 Jul 1999
The parties agreed in sale agreement for a plot of land that the buyer would not erect any additional building. He did so, and when he came to try to sell it the original vendor objected. The purchaser’s solicitors registered the agreement for sale. He said that the defendant had impliedly supported his actions and … Continue reading Harris v Williams-Wynne: ChD 11 Feb 2005
Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019
The client sought only taxation of his solicitor’s bill of costs, but more than twelve months after the bill had been paid, if not under the statutory provisions, then under the ‘inherent jurisdiction’ of the Court. Held: Any inherent jurisdiction of the Court was ousted by the Act. Judges: Dillon LJ Citations: [1989] 1 QB … Continue reading Harrison v Tew: CA 1989
The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance. Held: the claims of each group of investors arise from acts or omissions in a series of related transactions. The transactions fitted together in that they shared the common underlying objective of the … Continue reading AIG Europe Ltd v Woodman and Others: SC 22 Mar 2017
The Claimants, AIG Europe Limited, seeks a declaration that certain claims brought by many individuals against a firm of solicitors are to be aggregated and thus considered a single claim for the purposes of a claim brought by the firm of solicitors against AIG under an insurance policy. In order to determine the claim for … Continue reading AIG Europe Ltd v OC320301 Llp and Others: ComC 14 Aug 2015
Appeal under section 49 of the Solicitors Act 1974 from the refusal of the Solicitors’ Disciplinary Tribunal to make an order for costs in his favour against the Law Society following the dismissal by them of two allegations of conduct unbefitting a solicitor. Those allegations were (i) that he included charges and disbursements in bills … Continue reading Hayes v The Law Society: Admn 12 May 2004
Judges: Sir Andrew Morritt Ch, Smith, Aikens LJJ Citations: [2009] EWCA Civ 156 Links: Bailii Statutes: Solicitors Act 1974 22 Jurisdiction: England and Wales Citing: Approved – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000 The parties disputed the construction of a clause in the contract between them. Held: Chadwick LJ said: ‘It … Continue reading Lediaev v Vallen: CA 5 Mar 2009
The Society appealed against an order quashing the striking-off of the solicitor. Held: Bolton was still the leading case though the solicitor must be given an opportunity for a fair trial. Though it was not necessary to show a very strong case before overturning a decision of a professional tribunal, the court must give it … Continue reading Law Society v Salsbury: CA 25 Nov 2008
The court was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974. Held: In the context of the panel solicitor’s … Continue reading Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008
Citations: [2008] EWHC 682 (Admin) Links: Bailii Statutes: Solicitors Act 1974 Legal Professions Updated: 14 July 2022; Ref: scu.266890
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The powers to vest monies in the Law Society and to obtain possession of practice documents can be exercised in combination. Citations: [2004] EWHC 2932 (Ch Statutes: Solicitors Act 1974 Jurisdiction: England and Wales Cited by: Appeal from – Sritharan v Law Society CA 27-Apr-2005 The Law Society had intervened in the applicant’s legal practice … Continue reading Sritharan v Law Society: ChD 2004
The regulatory function of the Law Society in intervening in a legal practice was not merely protective, and a solicitor facing accusations of past dishonesty could not expect to be relieved of the consequences merely because he had completed the transactions at issue without loss. The intervention could proceed. Citations: Gazette 14-Jul-1999 Statutes: Solicitors Act … Continue reading In Re A Solicitor: ChD 14 Jul 1999
The claimant sought review of the refusal of the Law Society to grant her exemptins from examination in certain areas of practice in English law. She a lawyer registered in Germany with substantial commercial expertise. The Law Society said that for Litigation and property law, the experience required was experience in England. Judges: Sir Anthony … Continue reading Solicitor, Re A No 2 of 2007 Dr Sabine Pittrof: CA 15 May 2007
A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction. Citations: Gazette 13-Jan-1993, [1993] 1 WLR 989 Statutes: County Court Rules 1981 38(24)(6), Solicitors Act 1974 74 Jurisdiction: England and Wales Costs, Legal Professions, Litigation Practice Updated: 10 July 2022; Ref: scu.83292
The EAT considered the decision in Mansi: ‘Looked at as a whole, paragraph 17(5) [that is the paragraph then in force] is quite clearly intended to be a comprehensive provision to cover changes in the composition of those who comprise an ’employer’ in cases of partnership, personal representatives or trustees. We think there is no … Continue reading Jeetle v Elster: EAT 1985
‘the SDT should not give orders or directions to the Law Society. It should decide what, if any, conditions should be imposed and if it decides that conditions should be imposed it should impose them pursuant to its wide powers ‘to make such order as it may think fit’ under section 47(2) of the 1974 … Continue reading Taylor v The Law Society: CA 1 Nov 2005
The taxpayer had been represented in proceedings throughout by tax law experts, Tenon Media, who were not legally admitted, but had a right to conduct litigation under the 1990 Act. The Inspector objected to paying costs as if the representatives were admitted. Held: Someone acting through the licensed access schemes was not a litigant in … Continue reading Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005
The Law Society had intervened in the claimant’s employer’s solicitors practice. The claimant appealed refusal of an award of a redundancy payment. Held: The intervention did not necessarily bring to an end the employer’s business, and therefore there was no necessary redundancy situation implied only because of the intervention. The contracts of employment were not … Continue reading Rose v Dodd: CA 27 Jul 2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor said that whilst an appeal was outstanding in the disciplinary proceedings, it was wrong to grant summary judgment. Held: A successful appeal need not mean … Continue reading Simms and others v The Law Society: CA 12 Jul 2005
The claimant challenged the intervention by the Law Society in her solicitors practice. Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and the intervention was withdrawn. The judge expressed unhappiness that the consequences of the intervention were … Continue reading Sheikh v The Law Society: ChD 1 Jul 2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension. Held: The powers exercised were statutory. The court did not have a power to lift the suspension without at the same time directing the Law … Continue reading Sritharan v Law Society: CA 27 Apr 2005
The claimant and defendant claimed defamation of each other in cross claims as to postings made on internet newsgroups messages. Mr P said that the defendant had not been identified in the defamation alleged against Mr P. The defendant had been identified by his email address. The claimant appealed against the judgment given dismissing his … Continue reading Pepin v Taylor: CA 10 Oct 2002
The claimant sought to bring his claim under a provision which required a complaint to the industrial tribunal to be made within four weeks of the dismissal unless the employment tribunal was satisfied that this was not ‘practicable’. He did not meet the limit. Held: Time limits in all statutory tribunals are jurisdictional in nature, … Continue reading Dedman v British Building and Engineering Appliances: CA 1973
A company which had gone from voluntary winding up, first to winding up under supervision and then to compulsory winding up, with the official receiver as liquidator. The company’s former managing director was suspected of fraud, but the law officers declined to prosecute. Some of the shareholders wished to prosecute him, mainly at the expense … Continue reading In re London and Globe Finance Corporation Ltd: ChD 1903
A court deciding a case about a solicitor under paragraph 6(5) of schedule 1 should come to its conclusion in the light of all the evidence existing at the time the matter came to be decided and not at the time of the relevant intervention. When hearing an application for an order for the Law … Continue reading Buckley v Law Society (No 2): ChD 1984
The court considered the grant of ‘springboard relief’ and said: ‘In my judgment, springboard relief is not confined to cases where former employees threaten to abuse confidential information acquired during the currency of their employment. It is available to prevent any future or further serious economic loss to a previous employer caused by former staff … Continue reading UBS Wealth Management (UK) Ltd v Vestra Wealth Llp: QBD 4 Aug 2008
The fact that a contract was made by an unauthorised insurer contrary to the 1974 Act, which was silent as to the effect of a breach of this statute, did not render the contracts made by the unauthorised insurer void. Rendering transactions void affects both the guilty and the innocent parties. Kerr LJ said: ‘Where … Continue reading Halvanon Insurance Co Ltd v Central Reinsurance Corporation: CA 1988
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 … Continue reading Camacho, Regina (on the Application of) v The Law Society: Admn 12 Jul 2004
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 … Continue reading Gray v Avadis: QBD 30 Jul 2003
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 … Continue reading Hollins v Russell etc: CA 22 May 2003
A local authority had sold surplus land to a developer and obtained a covenant that the developer would develop the land in accordance with an existing planning permission. The sole purpose of the local authority in imposing the covenant was to enable it to share in the planning gain if, as happened, planning permission was … Continue reading Surrey County Council v Bredero Homes Ltd: CA 7 Apr 1993
Judges: Mr Justice Fordham Citations: [2022] EWHC 1258 (Admin) Links: Bailii Statutes: Solicitors Act 1974 43 Jurisdiction: England and Wales Legal Professiomns Updated: 07 June 2022; Ref: scu.678271
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty must fulfil four conditions: they must be applied in a non discriminatory manner; they must be justified … Continue reading Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano: ECJ 30 Nov 1995
The regulatory function of the Law Society in intervening in a legal practice was not merely protective, and a solicitor facing accusations of past dishonesty could not expect to be relieved of the consequences merely because he had completed the transactions at issue without loss. The intervention could proceed. Citations: Times 29-Jun-1999 Statutes: Solicitors Act … Continue reading Penna v Law Society: ChD 29 Jun 1999
The landlord’s solicitors, by mistake, sent two notices to the tenant in the same letter. One notice opposed the grant of a new tenancy but on an invalid ground, and the other said a new tenancy would not be opposed. The tenant sought clarification. The landlord’s solicitors purported to withdraw both notices, and served a … Continue reading Barclays Bank plc v Bee and Another: CA 10 Jul 2001
The defendant sought to set aside an order for possession under a mortgage. Held: Where a case was strong enough on its face in terms of conduct and terms, unconscionable conduct could be inferred if there was no explanation offered to displace that inference. Judges: Ward LJ, Millett LJ Citations: [2000] Lloyd’s LR 19, [2000] … Continue reading Portman Building Society v Dusangh and Others: CA 19 Apr 2000
Some twenty years after the events, the claimant still sought compensation following the alleged negligence of his former solicitor. He now sought it from the Law Society’s compensation fund. The Law Society said the nature of his claim was outside the provisions for the compensation fund, since it was not a matter arising from dishonesty … Continue reading Regina v Law Society ex parte Birkett: Admn 30 Jul 1999
A claimant’s solicitor did not like the advice given by a medical expert whose identity had been agreed with the other side and then sought to instruct a different expert without obtaining the other side’s agreement first. They sought to draw a distinction under the protocol between a jointly instructed medical aexpert and one jointly … Continue reading Richard Thurber Carlson v Karen Townsend: CA 10 Apr 2001
A solicitor’s bill could only be taxed within one year of its delivery, but the common law right to challenge a bill on the grounds that the amount charged was unreasonable could continue after that time limit. The common law right to object to paying more than was reasonable was not displaced by the Act, … Continue reading O Palomo Sa v Turner and Co; Turner and Co v O Palomo Sa: CA 28 Jul 1999
A sole proprietorship gave way to a partnership of which the previous sole proprietor was a member. The employee’s continuous employment was broken. Citations: [1978] ICR 870 Jurisdiction: England and Wales Citing: Applied – Harold Fielding Ltd v Mansi NIRC 1974 An employee had been employed by two partners and later by one of them. … Continue reading Wynne v Hair Control: 1978
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the defendants’, ‘not to be enforced without leave of the court save by way of … Continue reading Lockley v National Blood Transfusion Service: CA 1992
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings. Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial relief aspect. For property to have been ‘recovered or transferred’ for this purpose, its ownership … Continue reading Hanlon v The Law Society: HL 1981
A solicitor whose partner had taken charge of accounts and had defaulted remained himself properly subject to discipline under the Solicitors Act. The duty falling on solicitors is very high when dealing with client funds. The striking off of a solicitor found to have acted dishonestly in relation to client funds must be automatic. Citations: … Continue reading Weston v Law Society: CA 15 Jul 1998
Judges: Lord McDonald Citations: [1980] ICR 9 Citing: Not followed – Harold Fielding Ltd v Mansi NIRC 1974 An employee had been employed by two partners and later by one of them. Held: Mr Mansi could not bring himself within the provision because: ‘Where one of two partners leaves the partnership, there are no partners, … Continue reading Allen and Son v Coventry: EAT 1980
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
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 … Continue reading Holder v Law Society: CA 24 Jan 2003
The court considered whether a court could order an assessment of a solicitor’s bill of costs more than 12 months after it had been paid. It was argued that the Court has no power to order taxation under section 70(4) outside the statutory period of 12 months after the bill has been paid, and the … Continue reading Harrison v Tew: HL 1990
The bank customers, now appellants, redeemed a mortgage over their property, and the property was transferred to family members, who in turn borrowed from the same lender. A bank employee simply changed the name on the mortgage. This was ineffective to give the bank a charge, and the bank obtained a remedy through the law … Continue reading Bank of Cyprus UK Ltd v Menelaou: SC 4 Nov 2015
An auditor had valued the shares in a private company under its articles. The court was asked to look behind the valuation: ‘In my judgment the valuation cannot stand. I propose, therefore, to declare that the valuation is not binding upon the plaintiff, and, if necessary – though I doubt if it can be necessary … Continue reading Dean v Prince: 1953
The Law Society intervened in the solicitor’s practice where there were considerable grounds to suspect that the solicitor was knowingly allowing his firm to be used in connection with a large fraud, even if he was not a participant in the fraud himself. Citations: Unreported, 20 December 1999 Statutes: Solicitors Act 1974 Cited by: Cited … Continue reading Potter v Law Society: 20 Dec 1999
