Pine v the Law Society: SCCO 20 Feb 2002

The Law Society intervened in the practice of the claimant solicitor under the powers conferred on them by Section 35 of and Schedule 1(2) to the Solicitors Act 1974 on the ground specified in paragraph 1(1)(a) of the Schedule, namely suspected dishonesty. They appointed a solicitor (Mr H) to take control of the practice, and in due course the claimant was struck off. The Solicitors Disciplinary Committee also ordered the claimant to pay the Law Society’s costs of pounds 16,319.08, under Schedule 1 Part 2 paragraph 13 of the Solicitors Act 1974.
A strong Court of Appeal held that the provisions of the said paragraph did not override a claimant’s right to require assessment of his costs under Section 71 of the Solicitors Act 1974, and accordingly an order for detailed assessment of the bills, ordered by the Judge in the court below, would be upheld.

Judges:

Sir Andrew Morritt Vc; Robert Walker and Rix LJ j

Citations:

[2002] EWHC 9019 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 27 March 2022; Ref: scu.235580