Search Results for: Solicitors

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Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Police investigating crime obtained a warrant to search a solicitor’s offices for details of their clients. The solicitors appealed. Held: The details required, namely dates of contacts with a certain telephone number were not legally privileged: ‘the name and telephone number of the caller were taken down as a formality ‘to create the channel through … Continue reading Miller Gardner Solicitors, Regina (on the Application of) v Minshull Street Crown Court: Admn 20 Dec 2002

Gene Chandler Laib v Renuka Aravindan (Practicing As HKH Partnership Solicitors) Khurram Mian: QBD 30 Oct 2003

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 … Continue reading Gene Chandler Laib v Renuka Aravindan (Practicing As HKH Partnership Solicitors) Khurram Mian: QBD 30 Oct 2003

White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001

The claimant solicitor sought a judicial review, on the grounds of procedural unfairness, of the decisions of the respondent in upholding complaints against him. The procedure involved several stages, an investigatory stage, an adjudication, an appeal, and a further appeal to the Tribunal. The solicitor complained that the adjudicator had failed to follow up certain … Continue reading White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001

Nationwide Building Society v Various Solicitors (No 3): ChD 1 Mar 1999

Equitable compensation for breach of fiduciary duty was the actual loss suffered. Would he have acted differently but for the act? Where bad faith or worse shown any contribution of fault by the claimant would be disregarded. Citations: Gazette 03-Mar-1999, Times 01-Mar-1999, [1999] EWHC 844 (Ch) Links: Bailii Jurisdiction: England and Wales Damages Updated: 04 … Continue reading Nationwide Building Society v Various Solicitors (No 3): ChD 1 Mar 1999

Nationwide Building Society v Various Solicitors: ChD 20 Jul 1999

The case draws a distinction in group and consolidated actions between costs incurred on the general points which have been common to the parties and which brought the actions together and costs incurred in dealing with matters specific to the separate particular matters which had been brought together. Citations: Gazette 08-Sep-1999, [1999] 20 July Unreported … Continue reading Nationwide Building Society v Various Solicitors: ChD 20 Jul 1999

London Criminal Courts Solicitors Association and Another, Regina (on The Application of) v The Lord Chancellor: Admn 19 Sep 2014

Whether procedural fairness associated with a consultation process on new criminal legal aid arrangements required the Lord Chancellor to disclose for comment the contents of two independent expert reports. Citations: [2014] EWHC 3020 (Admin), [2015] 1 Costs LR 7 Links: Bailii Jurisdiction: England and Wales Costs, Administrative Updated: 03 June 2022; Ref: scu.536788

Treasury Solicitors (Decision Notice): ICO 23 Oct 2006

ICO The complainant is the subject of a civil proceedings order issued under section 42 of the Supreme Court Act 1981. The Complainant wrote to the Attorney General’s Office to request information related to the making of this order. The request was transferred to the Treasury Solicitors who refused the request on the grounds that … Continue reading Treasury Solicitors (Decision Notice): ICO 23 Oct 2006

Hawkins v Keppe Shaw, Solicitors (a Firm): CA 20 Jul 2001

The solicitors represented the applicant in a claim for personal injuries. The action was struck out, and he sued the solicitors for negligence. Composite directions had been given, and the question was whether the making of those directions ousted the automatic directions, under which the action was struck out for delay. Held: That question had … Continue reading Hawkins v Keppe Shaw, Solicitors (a Firm): CA 20 Jul 2001

Chief Constable of Kent v Rixon, Rixon (Suing As Rixons Solicitors) and Wilson: CA 5 Apr 2000

A detainee has a right to see a solicitor whilst under arrest at a police station. That founds no separate right of any solicitor to enter the cells area, and there could be no cause of action arguable that a solicitor might sue for damages for being excluded. The right belonged to the client, and … Continue reading Chief Constable of Kent v Rixon, Rixon (Suing As Rixons Solicitors) and Wilson: CA 5 Apr 2000

Forster v Cartwright Black Solicitors: EAT 25 Jun 2004

EAT Time Off – Parental Leave – Time off for dependant care. Construction of ERA section 57A and Parental Leave Directive to cover death of elderly dependant. Application of Qua [2003] IRLR 184. Judges: The Honourable Mr Justice Beatson Citations: [2004] UKEAT 0179 – 04 – 2506, UKEAT/0179/04 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Forster v Cartwright Black Solicitors: EAT 25 Jun 2004

Hanley v J C and A Solicitors: QBD 28 Sep 2018

Whether the Court, under the inherent jurisdiction over its officers and/or s. 68 Solicitors Act 1974, has the power to order a solicitor to make and supply to his client (or former client) copies of documents which are the property of the solicitor, subject to payment of reasonable costs for the task. Held: The appeal … Continue reading Hanley v J C and A Solicitors: QBD 28 Sep 2018

Iqbal v Dean Manson Solicitors: CA 15 Feb 2011

The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He appealed against the striking out of his claim. Held: The appeal suceeded. The matter should go to trial. The defendants had written three letters and ‘these three letters, particularly when viewed in the light of each … Continue reading Iqbal v Dean Manson Solicitors: CA 15 Feb 2011

Regina v Legal Aid Board ex parte T, a Firm of Solicitors: Admn 25 Jun 1997

The firm of solicitors making an application for judicial review of the decision of the Board to institute criminal proceedings against them sought anonymity, saying that procedure which might prove them innocent would nevertheless damage their practice. Held: The overriding principle was for openness of proceedings. Citations: [1997] EWHC Admin 593 Links: Bailii Citing: See … Continue reading Regina v Legal Aid Board ex parte T, a Firm of Solicitors: Admn 25 Jun 1997

Hobson and others v Ashton Morton Slack Solicitors and others: QBD 18 May 2006

The applicants had instructed the various defendant firms of solicitors to act for them in recovering damages arising from their former emploment with British Coal. The defendants had charged them administrative fees, which under the scheme they said should not have been charged. A group litigation order was sought. Held: The court severely criticised the … Continue reading Hobson and others v Ashton Morton Slack Solicitors and others: QBD 18 May 2006

In re Ronald A Prior and Co (Solicitors): 1996

Citations: [1996] Cr App R 248 Cited by: Cited – Wasted Costs Order (No 5 of 1997) CACD 2-Sep-1999 Witness orders for the production of documents in the speculative hope that they might contain matters of assistance should be discouraged, and particularly so in respect of documents held by social services departments. This should now … Continue reading In re Ronald A Prior and Co (Solicitors): 1996

Nationwide Building Society v Various Solicitors: ChD 20 Jan 1998

Legal professional privilege could be set aside at disclosure where the fraudulent intention of one lay client was thereby shown as against another lender. The right to assert legal professional privilege does not apply to documents which came into existence in furtherance of a criminal or fraudulent purpose, but to overcome the privilege, there must … Continue reading Nationwide Building Society v Various Solicitors: ChD 20 Jan 1998

Abbey National Plc v Frost (Stephen Leonard), Solicitors Indemnity Fund Ltd Intervening: ChD 5 Feb 1998

A plaintiff alleging negligence against a solicitor who had subsequently disappeared, could have substituted service on his professional insurers despite the fact that it was unlikely that that would bring the writ to his attention. Citations: Times 05-Feb-1998 Cited by: Appeal from – Abbey National Plc v Frost (Stephen Leonard) Solicitors Indemnity Fund Intervening CA … Continue reading Abbey National Plc v Frost (Stephen Leonard), Solicitors Indemnity Fund Ltd Intervening: ChD 5 Feb 1998

Faniyi v Solicitors Regulation Authority: Admn 26 Oct 2012

The appellant challenged decisions of the Solicitors Disciplinary Tribunal ordering that he be struck off. Judges: Pitchford, Pitchford LJ, Foskett J Citations: [2012] EWHC 2965 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 11 May 2022; Ref: scu.465371

Abbey National Plc v Frost (Stephen Leonard) Solicitors Indemnity Fund Intervening: CA 19 Mar 1998

The Court may not allow substituted service on a fund indemnifying defendant where the chosen method of service will not bring the proceedings to the attention of actual proposed defendant. Citations: Times 19-Mar-1998 Jurisdiction: England and Wales Citing: Appeal from – Abbey National Plc v Frost (Stephen Leonard), Solicitors Indemnity Fund Ltd Intervening ChD 5-Feb-1998 … Continue reading Abbey National Plc v Frost (Stephen Leonard) Solicitors Indemnity Fund Intervening: CA 19 Mar 1998

Perry v Raleys Solicitors: SC 13 Feb 2019

Veracity of a witness is for the court hearing him The claimant, a retired miner, had sued his former solicitors, alleging professional negligence in the settlement of his claim for Vibration White Finger damages under the government approved scheme for compensation for such injuries. At trial, the judge found the claimant’s evidence unreliable, and that … Continue reading Perry v Raleys Solicitors: SC 13 Feb 2019

Perry v Raleys Solicitors: CA 28 Apr 2017

Appeal against dismissal of claim against the claimant’s former solicitors. Negligence was found, but no loss was proved in his personal injury claim. He had claimed a settlement at an undervalue of his claim of Vibration White Finger. The judge at trial had found him an unreliable witness as to the extent of his injuries. … Continue reading Perry v Raleys Solicitors: CA 28 Apr 2017

Edwards v Hugh James Ford Simey Solicitors: SC 20 Nov 2019

The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which would have undermined the claim for the incremental award should be allowed for. Held: It could not be. … Continue reading Edwards v Hugh James Ford Simey Solicitors: SC 20 Nov 2019

In Re Solicitors, Ex Parte Peasegood: QBD 6 May 1993

A request to the court for the removal of a solicitor from the Roll was to be made via Counsel, and not by a litigant in person. Citations: Times 06-May-1993, Independent 06-May-1993 Statutes: Solicitors Act 1974 50 51 Jurisdiction: England and Wales Litigation Practice, Legal Professions Updated: 29 April 2022; Ref: scu.82191

Regina (Toth) v Solicitors Disciplinary Tribunal: QBD 3 May 2001

An application to the Solicitors’ Disciplinary Tribunal could properly be referred to the Office for the Supervision of Solicitors before any finding had been made as to the presence of a prima facie case to answer. The purpose of the tribunal was not to settle a lis between the solicitor and complainant, but to settle … Continue reading Regina (Toth) v Solicitors Disciplinary Tribunal: QBD 3 May 2001

Wards Solicitors v Hendawi: ChD 26 Jul 2018

Application by the defendant to set aside a judgment in default given in relation to a claim, in respect of which the claim form had been issued on 5 December 2006, for the repayment of monies paid by mistake by the claimant to the defendant. Citations: [2018] EWHC 1907 (Ch) Links: Bailii Jurisdiction: England and … Continue reading Wards Solicitors v Hendawi: ChD 26 Jul 2018

Atha and Co Solicitors v Liddle: QBD 9 Jul 2018

The defendant solicitors appealed against an order extending the time period for claiming against them in negligence. Held: The appeal failed. The court however noted conflicting decisions and looked forward to guidance from the Court of Appeal. Judges: Turner J Citations: [2018] EWHC 1751 (QB), [2018] WLR(D) 422 Links: Bailii, WLRD Jurisdiction: England and Wales … Continue reading Atha and Co Solicitors v Liddle: QBD 9 Jul 2018

Witty v Stamps Solicitors: EAT 21 Mar 1997

Whether failure to work agreed notice was in breach of contract Judges: His Honour Judge Peter Clark Citations: [1997] UKEAT 35 – 97 – 2103 Links: Bailii Jurisdiction: England and Wales Employment Updated: 18 April 2022; Ref: scu.207353

Richard Buxton (Solicitors) v Mills-Owens: QBD 28 Jul 2008

The solicitors appealed against refusal of their costs. They had begun to act but withdrawn part way through the case. The costs judge had said that they had been wrong to do so. Though the client’s instructions would be disastrous, they were not improper. Held: The appeal failed. The costs judge’s decision was correct. The … Continue reading Richard Buxton (Solicitors) v Mills-Owens: QBD 28 Jul 2008

In Re a Firm of Solicitors: TCC 16 Jul 1999

A firm of architects sought an order to prevent the defendants instructing a firm of solicitors including a solicitor who had been a partner in a firm representing them is earlier similar matters. The solicitor had personally been involved in drafting documents for the claimants. Held: The solicitor had become personally involved in resisting the … Continue reading In Re a Firm of Solicitors: TCC 16 Jul 1999

In Re L (Minors) (Care Proceedings: Cohabiting Solicitors): FD 27 Jul 2000

Where two solicitors who cohabited appeared on either side of a case, it was appropriate, if objection was taken, for either or both to withdraw. The cohabitation could give rise to a perception of bias. The power to remove an advocate is inherent and statutory. The freedom to choose one’s advocate is fundamental, and must … Continue reading In Re L (Minors) (Care Proceedings: Cohabiting Solicitors): FD 27 Jul 2000

In Re Hickman and Rose (Solicitors) (Wasted Costs Order) (No 10 of 1999): CACD 19 Apr 2000

After a trial was aborted, the solicitors, acting on counsel’s advice made an application for bail under the rules applying to the custody time limits. An unreported case had already decided the point, namely that once the jury had ben sworn, the limits ceased to apply. Though counsel, once told of the decision sought to … Continue reading In Re Hickman and Rose (Solicitors) (Wasted Costs Order) (No 10 of 1999): CACD 19 Apr 2000

Bott and Co Solicitors Ltd v Ryanair Dac: SC 16 Mar 2022

The appellant solicitors’ firm took flight delay compensation claims on a ‘no win, no fee’ basis. When it accepted a case, the appellant would send a letter before action to the relevant airline and ask for payment to be made to the appellant’s client account. If this occurred, the appellant would check the payment, deduct … Continue reading Bott and Co Solicitors Ltd v Ryanair Dac: SC 16 Mar 2022

Solicitors Regulation Authority v Farrimond: Admn 21 Feb 2018

The solicitor had pleaded guilty to attempted murder. The SRA now appealed against the sanction of indefinite suspension of his practising certificate, saying that his name should have been struck from the roll. Held: The appeal succeeded. Judges: Sir Brian Leveson P QBD, Garnham J Citations: [2018] EWHC 321 (Admin) Links: Bailii Jurisdiction: England and … Continue reading Solicitors Regulation Authority v Farrimond: Admn 21 Feb 2018