Pepper (UK) Ltd (T/A Engage Credit) v Fox (P/A Barry Fox, Solicitors): ChNI 14 Jan 2016

Application by Pepper (UK) Ltd t/a Engage Credit against Emma Jane Fox practising as Barry Fox, Solicitors for the delivery up of all papers, documents and title deeds in the possession and custody of the Solicitors and belonging to the plaintiff relating to mortgage business in respect of a mortgage and premises in County Tyrone. The solicitors said that certain documents related to advice given to the mortgagor’s wife and were confidential to her. The lender said that having acted for them in the matter, all documents were to be disclosed.

Horner J
[2016] NICh 1
CitedLeicester County Council v Michael Faraday and Partners CA 1941
The Court rejected a claim for production of all documents, books, maps and plans in possession of rating valuers who were employed by the County Council to give advice and held that the relationship of the County Council and the valuers was that of . .
CitedChantrey Martin v Martin CA 1953
The professional working papers of a firm of accountants were held not to be the property of the client, but letters and other papers created by accountants as agent for client were the client’s property: ‘Working accounts and other papers which . .
CitedMortgage Express Ltd v Bowerman and Partners (A Firm) CA 1-Aug-1995
A solicitor acting for both a lender and a borrower was under a duty to disclose relevant information to the lender client. An incident of their duty to exercise reasonable care and skill, solicitors are obliged to advise their lender client in . .
CitedNationwide 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 . .
CitedThe Mortgage Business Plc and Bank of Scotland Plc (T/A Birmingham Midshires) v Thomas Taggart and Sons ChNI 30-Apr-2014
. .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Legal Professions

Updated: 01 November 2021; Ref: scu.564915