Tag: Legal Professions

Sampson v John Boddy Timber Ltd: CA 17 May 1995

A barrister should not liable for wasted costs when he pursues arguable point for his client. Unless a party makes plain its intention that a settlement offer is made on an open basis, it remains covered by the cloak of the without prejudice rule

Judges:

Sir Thomas Bingham MR

Citations:

Independent 17-May-1995, (1995) CAT 552

Jurisdiction:

England and Wales

Cited by:

Cited – Brown v Rice and Another ChD 14-Mar-2007
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 21 January 2023; Ref: scu.88994

Cox v Bankside Members Agency Ltd and Others: CA 16 May 1995

Successful Lloyds names were entitled to enforce their claims in the normal time sequence. The transfer of the rights of the insured against the insurer under section 1(1) the 1930 Act takes place on the event of insolvency, even if the insured’s liability to the third party has not yet been established. In handling claims, instructing solicitors and so forth, the insurers act as agents for the company and are entitled to reimbursement for their expenses.
Lord Justice Saville said: ‘Under the Act the rights of the insured against the insurer are transferred to the third party on (in the case of an insured company) the making of a winding up order etc.: see s.1(b) of the Act. It follows from this that a statutory transfer can take place before the obligation of the insurer to pay arises i.e. before the liability of the insured has been established. In such an event, since it is clear from the authorities that the third party is to be put in no better position than the insured, the third party does not obtain the right to immediate payment until the liability of the insured is established. .
That right [the right of the third party to immediate payment by the insurers] only arises when, in each case, the claim is established, just as that right, while owned by the insured, would also arise only when the particular claim in question was established. It is only when that right arises that the insurers come under the correlative obligation to make payment. To my mind it follows that as each claim is established (whether before or after the statutory assignment), the right to payment arises and thus the amount of available insurance is in effect diminished, so that when it is exhausted later established claims have no right to an indemnity. . .’

Judges:

Lord Justice Saville

Citations:

Independent 09-Jun-1995, Times 16-May-1995, [1995] 2 Lloyd’s Rep 437

Statutes:

Third Parties (Rights Against Insurers) Act 1930 1(1)(b)

Jurisdiction:

England and Wales

Citing:

Appeal from – Cox v Bankside Members Agency Ltd and Others QBD 27-Jan-1995
Some agents had policies against which there were likely to be various calls, either because several claims were being pursued against the same agents by different Lloyd’s Names, or because the policies were group policies covering several agents . .

Cited by:

Cited – AXA Reinsurance (UK) Plc v Field HL 12-Sep-1996
The terms originating ’cause’ and ‘event’ are to be differently construed, one means a continuing situation and the other refers to a discrete event.
Under the ‘LMX Spiral’ Lloyds’ syndicates wrote substantial excess of loss business.The cross . .
Cited – Lloyds TSB General Insurance Holdings and others v Lloyds Bank Group Insurance Company Ltd HL 31-Jul-2003
The applicant had paid out many claims for mis-selling pensions. They sought to claim under their insurance. The claims met the requirements of the principle insurance, but the insurance companies sought to impose a limit by aggregation.
Held: . .
Dicta adopted – First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration) CA 25-May-2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s . .
Cited – Freakley and Curzon Insurance Ltd v Centre Reinsurance International Company and Another; similar CA 11-Feb-2005
Claims were made for personal injury caused by asbestos. The re-insurers sought declaratory relief against the head insurers, and the administrators of the insolvent company. The administrators sought declarations in turn. Curzon insured the company . .
Cited – Freakley and others v Centre Reinsurance International Company and others HL 11-Oct-2006
When it became clear that the company would be financially overwhelmed by asbestos related claims, a voluntary scheme of arrangement was proposed under s425. The House was now asked whether the right to re-imbursement of the company’s lawyers after . .
Cited – Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd SC 31-Jul-2013
An international engineering company had several layers of professional indemnity insurance. The top later did not cover claims originating in the US or Canada. The several insurers now disputed apportionment of liability between them. The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insurance, Legal Professions

Updated: 21 January 2023; Ref: scu.79585

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel’s practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
Lord Steyn said: ‘Public perception of the possibility of unconscious bias is the key. It is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. What can confidently be said is that one is entitled to conclude that such an observer will adopt a balanced approach. This idea was succinctly expressed in Johnson v Johnson (2000) 201 CLR 488, 509, para 53, by Kirby J when he stated that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious.’

Judges:

L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn

Citations:

Gazette 17-Jul-2003, [2003] UKHL 35, [2003] ICR 856, [2004] 1 All ER 187

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – AA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Approved – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Belilos v Switzerland ECHR 29-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (validity of declaration); Violation of Art. 6-1; Costs and expenses award – domestic proceedings; Costs and expenses award – . .
Cited – Taylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
Cited – Wettstein v Switzerland ECHR 21-Dec-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings; Costs and expenses partial award – national . .
Cited – Johnson v Johnson 7-Sep-2000
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude . .
See Also – Lawal v Northern Spirit Ltd CA 19-Feb-2004
. .
See Also – Lawal v Northern Spirit Ltd EAT 15-Feb-1999
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing.
Held: The appeal should be . .
See Also – Lawal v Northern Spirit Ltd EAT 6-Oct-1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal.
Held: There was no real possibility of bias from this scenario. . .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2001
. .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal. . .
See Also – Lawal v Northern Spirit Ltd CA 15-Jan-2002
Application for leave to appeal . .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2002
. .
Cited – Lawal v Northern Spirit Ltd CA 30-Oct-2002
. .

Cited by:

Appealed to – AA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
See Also – Lawal v Northern Spirit Ltd CA 19-Feb-2004
. .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Cited – Morrison and Another v AWG Group Ltd and Another CA 20-Jan-2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed.
Held: There was no allegation of actual . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Mousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .
Cited – JL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Cited – Ameyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights, Legal Professions, Natural Justice

Updated: 20 December 2022; Ref: scu.183695

Giles v The Law Society: CA 20 Oct 1995

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 in this context) whether it should direct withdrawal – a judgment which may be significantly, though not conclusively, affected by the Law Society’s own view of the facts, since the view taken by the professional body charged with the regulation of solicitors’ practices is in itself a relevant evidential factor to which the judge not only can but must have regard.’

Judges:

Sedley LJ

Citations:

Gazette 25-Oct-1995, Times 20-Oct-1995, [1995] 8 Admn LR 105

Statutes:

Solicitors Act 1974 Sch I Part II para 6

Jurisdiction:

England and Wales

Cited by:

Cited – Holder v Law Society CA 24-Jan-2003
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 . .
Cited – Sritharan v Law Society CA 27-Apr-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 . .
Cited – Sheikh v The Law Society ChD 1-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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 20 December 2022; Ref: scu.80823

The Lord Chancellor v Blavo and Co Solictors Ltd and Another: QBD 21 Dec 2018

Attempt to recover legal aid fees said to have been paid on fraudulent claims.

Judges:

Pepperall J

Citations:

[2018] EWHC 3556 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Aid, Torts – Other, Legal Professions

Updated: 20 December 2022; Ref: scu.632217

In Re Freudiana Holdings Ltd: CA 4 Dec 1995

A judge can discharge his own wasted costs order when issues came to required the re-litigation of the case.

Citations:

Times 04-Dec-1995

Jurisdiction:

England and Wales

Cited by:

Cited – Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman CA 1-Jul-2003
The firm of solicitors challenged a wasted costs order. The order had been made on the basis that they had persisted with a case which the court had told them was misconceived, and had acted despite a conflict of interest. The order had been made . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 09 December 2022; Ref: scu.81892

Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995

The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.
Morritt LJ discussed section 199: ‘Counsel for the wife submitted that it did not apply as the knowledge came to the knowledge of the solicitors for the lender as such when they were instructed to act on behalf of the lender on 19 June 1990. In the case of the wife it was submitted that the solicitors were not instructed by her as ‘agents to know.’
I do not accept either of these submissions. In my view the section has to be applied in accordance with its terms to the facts of this case. There is no doubt that the information as to the true purpose of the remortgage loan imparted by the husband came to the knowledge of the solicitors on 12 June 1990 as the solicitors for the husband and wife alone for they were not instructed to act for the lenders until 19 June at the earliest. That knowledge once acquired remained with the solicitors and cannot be treated as coming to them again when they were instructed on behalf of the lenders. As counsel for the wife accepted, their knowledge cannot be treated as divided or disposed of and reacquired in that way. The conclusion seems to me to be inescapable, namely that knowledge of the relevant matters facts or things did not come to the solicitors as the solicitors for the lenders. Accordingly it did not come to them ‘as such.’ It was not disputed that the lender is a purchaser within the definition contained in section 205(1)(xxi) of the Law of Property Act 1925. Consequently section 199(1)(ii)…b) precludes the solicitors’ knowledge of the relevant matters or facts being imputed to the lender.’

Judges:

Morritt LJ

Citations:

Times 01-Dec-1995, Gazette 11-Jan-1996, [1996] Ch 207

Statutes:

Law of Property Act 1925 199

Jurisdiction:

England and Wales

Citing:

Appeal from – Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another ChD 27-Jun-1995
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s . .

Cited by:

Cited – Scotlife Home Loans (No 2) Limited v Melinek and Melinek CA 9-Sep-1997
The second defendant sought leave to appeal against a possession order obtained by the claimant. The loan obtained had been misapplied by the first defendant, her husband. She had been advised in the transaction by his partner in their solicitors’ . .
Cited – Hardy and others v Fowle and Another ChD 26-Oct-2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered.
Held: The lease had been surrendered by a deed. The defects in notice alleged did . .
Lists of cited by and citing cases may be incomplete.

Agency, Legal Professions, Banking

Updated: 09 December 2022; Ref: scu.81151

Bakhitar v Keosghgerian and Others: QBD 3 Dec 2003

Employer liable for employee with criminal record

An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated.
Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm’s employee, and they had vicarious liability for his behaviour.

Judges:

Overend J

Citations:

[2003] EWHC 3084 (QB)

Statutes:

Partnership Act 1890 5

Jurisdiction:

England and Wales

Citing:

Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Cochlan v Ruberella Limited CA 21-Jul-2003
The issue arose as to the liability of a firm for the acts of a partner who had made statements to the claimant regarding the rate of return on a proposed investment amounting to some 6,000 per cent per annum.
Held: The following propositions . .
Cited – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) HL 22-May-1985
Ostensible authority creates estoppel
Apparent authority as agent can arise where an employer by words or conduct has represented that his employee, who has purported to act on behalf of the employer, is authorised to do what he is purporting to do. Ostensible authority depends on a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other, Vicarious Liability

Updated: 09 December 2022; Ref: scu.193837

Esterhuizen and Another v Allied Dunbar Assurance Plc: QBD 10 Jun 1998

A non-professional will writing agency should be subject to the same standards of professional negligence in drawing up wills as a recognised lawyer. This is necessary to protect members of the public using will writing services. ‘the process of signature and attestation is not completely straightforward and disaster may ensue if it is not correctly done. Any testator is entitled to expect reasonable assistance without having to ask exprssly for it. It is in my judgment not enough just to leave written instructions with the testator. In ordinary circumstances just to leave written instructions and to do no more will not only be contrary to good practice but also in my view negligent.’

Citations:

Gazette 15-Jul-1998, Times 10-Jun-1998

Jurisdiction:

England and Wales

Citing:

Cited – White and Another v Jones and Another HL 16-Feb-1995
Will Drafter liable in Negligence to Beneficiary
A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Professional Negligence, Wills and Probate

Updated: 09 December 2022; Ref: scu.80378

Purvis, Regina (on The Application of) v Legal Service Commission: Admn 22 Feb 2013

The court was asked as to the need for the claimant when lodging a cimpkaint against a solicitor, to complete a second form: ‘the fact that we are all assembled here today, shows what an appalling waste of time and public funds can occur when obduracy on the part of a citizen collides with an entrenched bureaucratic position on the part of the State. ‘

Judges:

Holman J

Citations:

[2013] EWHC 613 (Admin)

Links:

Bailii

Legal Professions

Updated: 05 December 2022; Ref: scu.491895

Kenneth L Kellar Carib West Limited v Stanley A Williams: PC 24 Jun 2004

(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as the degree of success in the case, and the respondent argued that this showed the existence of a conditional fee element.
Held: The letter relied upon did not establish what was suggested, and nor could the fact that the remuneration rate had not been formally agreed in advance. It was not unlawful as a conditional fee arrangement. The case was remitted for taxation to proceed.
The Privy Council expressed the view that ‘it may now be time to reconsider the accepted prohibition in the light of modern practising conditions.’

Judges:

Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote, Lord Carswell, Dame Sian Elias

Citations:

[2004] UKPC 30, [2005] 4 Costs LR 559, (2004) 148 SJLB 821

Links:

Bailii, PC, PC

Jurisdiction:

England and Wales

Citing:

Cited – Way v Latilla HL 1937
Mr Way (W), the plaintiff, was employed by Ariston, which had mining operations in Africa, as a consulting engineer and manager. He met the respondent (L) in England. He was asked to seek options to acquire concessions the respondent might acquire. . .
Cited – Thai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
Cited – Hazlett v Sefton Metropolitan Borough Council QBD 2-Dec-1999
The need for a party claiming his costs to give evidence to prove his entitlement to costs rather than relying on the presumption in his favour, will not arise if the defendant simply puts the complainant to proof of his entitlement to costs. The . .
See also – Kellar v Williams PC 7-Feb-2000
PC (Turks and Caicos Islands) The parties disputed whether sums paid to the company had been by way of loan or as capital contributions which after payment of debts were distributable among the shareholders.
Cited – Geraghty and Co v Awwad and Another CA 25-Nov-1999
The court considered an assertion that a contract for fee sharing with a solicitors firm was unenforceable being in breach of the Solicitors Practice Rules.
Held: The court refused to follow Thai Trading. There should no longer be any common . .

Cited by:

See Also – Kellar v Williams PC 7-Feb-2000
PC (Turks and Caicos Islands) The parties disputed whether sums paid to the company had been by way of loan or as capital contributions which after payment of debts were distributable among the shareholders.
Cited – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Cited – Patel, Re Defendant’s Cost Order CACD 6-Jul-2012
The defendant had been granted a defendant costs order, but he had not complied with the Rules by first outlining the type of costs and amount claimed’ and the Court had not required compliance. He had successfully appealed against a conviction for . .
Cited – Radford and Another v Frade and Others QBD 8-Jul-2016
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 01 December 2022; Ref: scu.198381

Chohan v Times Newspapers Limited; Singh and Choudry (a Firm) and Choudry: CA 4 Dec 1998

Citations:

[1998] EWCA Civ 1916

Jurisdiction:

England and Wales

Cited by:

See Also – Chohan v Times Newspapers Ltd CA 25-Feb-1999
. .
See Also – Times Newspapers Ltd v Chohan CA 22-Jun-2001
The limitation period on collection of an award of costs, must run from the date of the costs certificate. It was only at that point when it became enforceable. It would be an abuse to bring an action for enforce the costs award before that date. . .
Lists of cited by and citing cases may be incomplete.

Legal Aid, Legal Professions

Updated: 30 November 2022; Ref: scu.145395

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her.
Held: The appeal succeeded. The Appellant’s challenge was to the disciplinary proceedings against her, not to an alleged state of affairs in which BME lawyers were more likely to be the subject of such proceedings. Therefore, the bringing and pursuit of the disciplinary proceedings must be the focus of the investigation in terms of section 7(5)(a) of the 1998 Act. That section must not be read narrowly and must be allowed to provide an affective and workable remedy, particularly where what was complained of was a course of conduct. Here, there had been a single and continuing action. It had not been Parliament’s intention to have limitation calculated individually from each element of the process. The period ran from when the process ceased, not from when it began, and in this case it was from the time when the Visitors eventually allowed her appeal.

Judges:

Lady Hale, President, Lord Kerr, Lord Wilson, Lady Black, Lord Lloyd-Jones

Citations:

[2017] UKSC 78, [2018] 2 All ER 779, [2017] WLR(D) 813, [2017] 1 WLR 4833, [2018] HRLR 2, UKSC 2016/0174

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Videos Summary, SC 2017 Oct 04 am Video, SC 2017 Oct 04 pm Video

Statutes:

European Convention on Human Rights 14

Jurisdiction:

England and Wales

Citing:

At QBD – O’Connor v Bar Standards Board QBD 18-Dec-2014
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary . .
Appeal from – O’Connor v Bar Standards Board CA 25-Jul-2016
The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time.
Cited – DH v Czech Republic ECHR 13-Nov-2007
(Grand Chamber) The applicants complained that their children had been moved to special schools which did not reflect their needs from ordinary schools without them being consulted.
Held: The Court noted that, at the relevant time, the . .
Cited – Rehman v The Bar Standards Board Admn 29-Jul-2016
The barrister appealed against two findingd of the Disciplinary Tribunal of the Council of the Inns of Court. . .
Cited – Lincoln v Daniels CA 1961
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council . .
Cited – In re S (A Barrister) 1970
(Inns of Court) The regulation of barristers has been delegated by the judges to the Inns of Court. Five judges sitting as Visitors of the Inns of Court stated that ‘the judges as visitors have always had supervisory powers and their decision, upon . .
Cited – Delcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
Cited – Sampanis and Others v Greece ECHR 8-Aug-2011
Resolution as to execution of judgment . .
Cited – Orsus And Others v Croatia ECHR 16-Mar-2010
(Grand Chamber) Fifteen Croatians of Roma origin complained that they were victims of racial discrimination in that they were segregated into Roma-only classes and consequently suffered educational, psychological and emotional damage.
Held: . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Regina v Visitors to the Inns of Court ex parte Calder CA 1993
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights, Discrimination, Limitation

Updated: 27 November 2022; Ref: scu.599756

O’Connor v Bar Standards Board: CA 25 Jul 2016

The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time.
Held: the limitation period under section 7(5)(a) had started to run when the Disciplinary Tribunal had found the charges against the Appellant proved and so had expired before she had issued her claim. She now appealed against that decision.
Held: The appeal failed. The one year time limit under section 7(5)(a) of the 1998 Act had started to run when the Disciplinary Tribunal had found the charges against the claimant proved and so had expired before she had issued her claim. The Court of Appeal refused a renewed application for permission to appeal on the ground that the limitation period should have been extended pursuant to section 7(5)(b) of the 1998 Act.

Judges:

Lord Dyson MR, Elias, Sharp LJJ

Citations:

[2016] EWCA Civ 775, [2016] WLR(D) 421, [2016] 1 WLR 4085

Links:

Bailii, WLRD

Statutes:

European Convention on Human Rights 14, Human Rights Act 1998 7(5)(a)

Jurisdiction:

England and Wales

Citing:

At first instance – O’Connor v Bar Standards Board QBD 18-Dec-2014
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary . .

Cited by:

Appeal from – O’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Legal Professions

Updated: 27 November 2022; Ref: scu.567507

Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were not subject to judicial review under section 16 of the 1873 Act.
Nevertheless the Visitors may themselves have misunderstood their role, limiting themselves to a review rather than hearing an appeal, and the decsion was quashed and remitted to the Divisional Court.
Sir Donald Nicholls VC said: ‘There remains Miss Calder’s fourth ground of appeal: that the visitors misunderstood their role. She contends that the visitors were sitting as an appellate tribunal, not (as they seemed to have thought) as a reviewing tribunal, and hence they failed fully and properly to carry out their duties as visitors. As to this, first, I can see no reason to doubt that an appeal to the judges as visitors is precisely that: an appeal. It is so described in the authorities. In Lincoln v Daniels [1962] 1 Q.B. 237, 256, Devlin L.J. referred to it as ‘a re-hearing on appeal.’ Thus the visitors will look afresh at the matters in dispute and form their own views. The procedure followed in the conduct of such an appeal is a matter for the visitors. The current visitors’ rules provide that fresh evidence will be admissible only in exceptional circumstances. In the absence of fresh evidence the appeal will be comparable to an appeal in the Civil Division of the Court of Appeal. Regarding sentence, it will be for the visitors to exercise their own discretion and judgment.
Second, I am in no doubt that if visitors conduct, not an appeal of this nature, but a review of the disciplinary tribunal’s findings and decisions comparable to that undertaken by the court by way of judicial review of decisions of inferior courts or tribunals, then the visitors’ decision is amenable to judicial review. . ‘
Stuart-Smith LJ said: ‘I come then to the final ground of appeal, namely, that the visitors misdirected themselves as to the nature of their jurisdiction in that they treated the matters as one of review rather than appeal by way of re-hearing on merits. It was not contested before us that the proper approach was that of an appellate court re-hearing the case on its merits, such as is the position of the Court of Appeal on appeal in a civil case from the decision of a judge alone. Although the point has never fallen to be decided, I agree that this is the correct approach. All the cases dealing with a judges’ jurisdiction as visitors referred to it as an appeal to the visitors. There is no warrant for thinking that they limited themselves to the circumstances in which the prerogative writs of prohibition, mandamus or certiorari would lie, that being the foundation of the judicial review jurisdiction. The language of the Hearings before the Visitors Rules 1991 is appropriate for an appeal and not a review only. Thus the Appellant is referred to as such and not an Applicant: Rule 2(2). The grounds of appeal are against the finding and the petition should refer to the evidence relied upon: rules 5 and 7(2)(e). The visitors may either allow the appeal or order a re-hearing: rule 11(3). They are not limited to quashing the order. Like any other appellate court, the visitors do not as a rule hear evidence from witnesses unless they give leave under rule 10(6) and (7). Accordingly they should adopt the same approach to findings of fact made by the tribunals as the Court of Appeal do in findings of the trial judge: see Yuill v Yuill [1945] P.15; Watts or Thomas v Thomas[1947] A.C. 485 and Powell Streatham Manor Nursing Home [1935] A.C. 243.’

Judges:

Sir Donald Nicholls VC, Stuart-Smith LJ

Citations:

[1994] QB 1, [1993] 3 WLR 287

Statutes:

Supreme Court of Judicature Act 1873 16

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .

Cited by:

Cited – McCarthy v Visitors To The Inns of Court and Another Admn 25-Oct-2013
The claimant barrister sought judicial review of his disbarrment. The Board of Visitors had found that he had dishonestly fabricated documents relating to correspondence with a client. He now said that the proceedings had been unfair, in that an . .
Cited – McCarthy, Regina (on The Application of) v The Visitors To The Inns of Court and Another CA 20-Jan-2015
The court was asked whether the decision of the Visitors to the Inns of Court dismissing Mr McCarthy’s appeal from the Bar Disciplinary Tribunal should be quashed with a view to the underlying matter being remitted to the Tribunal. The Tribunal . .
Cited – O’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Natural Justice

Updated: 27 November 2022; Ref: scu.542700

EMW Law Llp v Halborg: ChD 14 Oct 2016

The claimant solicitors had been instructed under a conditional fee agreement, to act in litigation for the defendant solicitor, himself acting for his parents and a company owned by him. Though the case was one the defendant in the case refused to pay the legal bill, but then, the claimant said, paid those costs across to the now defendant.

Judges:

Master Clark

Citations:

[2016] EWHC 2526 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – EMW Law Llp v Halborg ChD 22-May-2015
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 23 November 2022; Ref: scu.570339

Hejduskova (Formerly Searle) v Raskin: CA 28 Nov 1997

The claimant sought leave to appeal against the strike out of his claim against the respondent solicitor alleging disability discrimination. The solicitor had acted against him for his wife, and, becoming concerned as to his mental health had challenged his capacity to continue proceedings, and invited the involvement of the Official Solicitor. The judge had found that the claimant had not established that he was disabled, and that the reference to the OS had been proper.
Held: ‘whether a person is disabled within the Act is different from the question whether he is sufficiently disabled so as to be unfit to conduct the proceedings and to need a guardian ad litem.’ However even assuming that the claimant was disabled within the Act, nothing done by the defendant fell within the range of provision of services. Leave to appeal was refused.

Citations:

[1997] EWCA Civ 2856

Jurisdiction:

England and Wales

Discrimination, Legal Professions

Updated: 12 November 2022; Ref: scu.143255

Swindle, Fillmore, Cox, Rowett v Harrison and Harrison: CA 25 Mar 1997

Negligence short of fraud gave no right to damages for non-disclosure.

Judges:

Evans LJ

Citations:

Times 17-Apr-1997, [1997] PNLR 641, [1997] EWCA Civ 1339, [1997] 4 All ER 705

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Halton International Inc (Holding) and Another v Guernroy Ltd ChD 9-Sep-2005
Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now . .
Lists of cited by and citing cases may be incomplete.

Equity, Legal Professions, Undue Influence

Updated: 06 November 2022; Ref: scu.141735

Laker Airways Inc v FLS Aerospace Ltd: ComC 20 Apr 1999

The court was asked: ‘whether a barrister who has been appointed an arbitrator by one party to the arbitration should be removed by the court on the ground that another barrister from the same chambers has been instructed in the arbitration by the appointing party’. The arbitrator had offered to recuse himself if both parties requested, but not only at the request of one. The claimant said that the members of chambers shared office space and administration, and that there was no formal system to protect confidential materials.

Judges:

Rix J

Citations:

[1999] EWHC B3 (Comm), [2000] 1 WLR 113

Links:

Bailii

Statutes:

Arbitration Act 1996 24(1)(a)

Cited by:

Cited – O’Leary International Ltd v North Wales Police Admn 31-May-2012
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Legal Professions

Updated: 05 November 2022; Ref: scu.464592

First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim.
Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. The claim was not unarguable, and should proceed. Whether the solicitor owed a duty of care could not be decided without assessing the validity of the disclaimer. ‘neither the duty of care issue nor the disclaimer issue is suitable to be determined under Order 14A.’

Judges:

Lord Justice Nourse, Lord Justice Waller, Sir John May

Citations:

Gazette 20-Nov-1996, Times 14-Nov-1996, [1996] EWCA Civ 886

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Cited – Gran Gelato Ltd v Richcliff (Group) Ltd ChD 1992
The claimant wished to purchase an underlease from the first defendant. The claimant’s solicitors inquired of the second defendants, a firm of solicitors acting for the first defendant, whether any provisions in the headlease might affect the length . .
Cited – Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation 1989
The court considered a Solicitor’s possible personal liability for misrepresentation made in replies given to enquiries before contract on acting on the sale of land. . .
Cited – Wilson v Bloomfield 1979
Negligence of solicitor in answering replies to preliminary enquiries on a sale of land. . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – McCullagh v Lane Fox and Partners Ltd CA 19-Dec-1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent.
Hobhouse LJ said: ‘On the Sunday, Mr. Scott . .
Cited – William Sindall Plc v Cambridgeshire County Council CA 21-May-1993
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller.
Held: . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 03 November 2022; Ref: scu.140753

Fisher Meredith Llp v JH and Another: FD 2 Mar 2012

The solicitors appealed against a wasted costs order made against them when acting for W in financial remedy proceedings, being found to be responsible for the late adjournment of a five days remedy hering.

Judges:

Mostyn J

Citations:

[2012] EWHC 408 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 01 November 2022; Ref: scu.460521

Regina v Law Society, ex parte Curtin: CA 3 Dec 1993

The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name.

Citations:

Ind Summary 13-Dec-1993, Times 03-Dec-1993

Statutes:

Courts and Legal Services Act 1990 79

Jurisdiction:

England and Wales

Legal Professions, Administrative

Updated: 26 October 2022; Ref: scu.87134

Regina v Legal Aid Board ex parte Gilchrist: CA 8 Mar 1994

A Solicitor giving advice as a Duty Solicitor via a telephone re-routing service was acting in his own right and within the regulations.

Citations:

Times 08-Mar-1994

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Legal Aid Board ex parte Gilchrist QBD 9-Jun-1993
A scheme to use company references for Police Station Own Solicitor duty solicitor work was lawful. . .

Cited by:

Appealed to – Regina v Legal Aid Board ex parte Gilchrist QBD 9-Jun-1993
A scheme to use company references for Police Station Own Solicitor duty solicitor work was lawful. . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 26 October 2022; Ref: scu.87155

Regina v Lord Chancellor ex parte Law Society: CA 11 Aug 1993

Lord Chancellor is free to impose a fee scheme if it accords with the words of the Act. The standard fees regulations for magistrates Courts works are within the Lord Chancellor’s powers.

Citations:

Times 11-Aug-1993, Independent 24-Sep-1993

Statutes:

Legal Aid Act 1988 34

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Lord Chancellor ex parte the Law Society (1) QBD 4-May-1993
The introduction of a Standard Criminal Legal Aid fees regime was within the Lord Chancellor’s proper range of discretion, even without consultation with the Law Society.
The meaning of ‘carried entering UK’ can include clothing being worn, but . .
Lists of cited by and citing cases may be incomplete.

Legal Aid, Legal Professions

Updated: 26 October 2022; Ref: scu.87216

In Re A Barrister (Wasted Costs Order): CA 15 Mar 1994

Barrister to pay wasted costs where he had no system for discovering the listing of cases. It was his personal responsibility for keeping abreast of such listings.

Citations:

Gazette 08-Jun-1994, Gazette 30-Mar-1994, Times 15-Mar-1994, Independent 15-Mar-1994

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 26 October 2022; Ref: scu.85690

Fozal v Gofur: CA 9 Jul 1993

An order for wasted costs against counsel could only be allowed with respect to acts done after 1 October 1991, with the new rules.

Citations:

Times 09-Jul-1993, Ind Summary 26-Jul-1993, [1993] CA Transcript 680

Statutes:

Courts and Legal Services Act 1990$ 4

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Legal Professions

Updated: 26 October 2022; Ref: scu.80655

Brown v Guardian Royal Exchange Assurance Plc: CA 27 Jan 1994

Policy terms negate professional privilege between solicitor and insurance company’s solicitor. No privilege against disclosure between firm, solicitors and own insurers.

Citations:

Independent 11-Feb-1994, Times 27-Jan-1994, Gazette 02-Mar-1994

Jurisdiction:

England and Wales

Legal Professions, Litigation Practice

Updated: 26 October 2022; Ref: scu.78701

Brown and Another v Bennett and Others (No 2): ChD 16 Nov 2001

The power to make a wasted costs order did not apply only against advocates in court, and not only against the applicant’s own representatives. The test was as to the causing of additional costs. In this case several barristers had been involved at different stages. The defendants asserted that they should have appreciated that there was no prospect of success in an allegation of fraud. A decision to plead fraud, within the terms of the barristers’ code of conduct, was a matter of professional judgement. An order should be made only if the view reached by counsel that he could plead dishonesty was unreasonable or reckless. In this case also the claimants insisted on retaining their legal privilege, and accordingly the barristers were unable properly to defend their decisions.

Judges:

Justice Neuberger

Citations:

Times 21-Nov-2001, Gazette 10-Jan-2002

Statutes:

Supreme Court Act 1981 51

Jurisdiction:

England and Wales

Citing:

Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .

Cited by:

Distinguished – Byrne v Sefton Health Authority CA 22-Nov-2001
There was no power to make an order for wasted costs against a solicitor who had not been acting in a matter when proceedings were issued. Delays eventually led to the dismissal of a medical negligence case for limitation. The defendant authority . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs, Litigation Practice

Updated: 25 October 2022; Ref: scu.166845

Appeal Under S 3(c) of Costs In Criminal Cases (General Amendment) Regulations of 1991 Against a Wasted Costs Order Re: Lakha and Boothby Wasted Costs Order 5/97: CACD 6 Nov 1998

Citations:

[1998] EWCA Crim 3148

Statutes:

Costs In Criminal Cases (General) (Amendment) Regulations 1991 3(c)

Jurisdiction:

England and Wales

Criminal Practice, Costs, Legal Professions

Updated: 25 October 2022; Ref: scu.156022

Regina v McFarlane: CACD 23 Feb 1999

A solicitor may properly delay taking instructions from his criminal client until he has seen the details of the prosecution case, but must take care not to become embroiled in attempt to procrastinate the choice of defence, and must not mislead counsel.

Citations:

Times 24-Mar-1999, [1999] EWCA Crim 496

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Criminal Practice

Updated: 25 October 2022; Ref: scu.85397

In Re Mintz (Wasted Costs Order): CACD 16 Jul 1999

A judge should before making a wasted costs order consult the written texts on the subject now available and which set out the elements he should allow for. Here counsel was at fault, but rather than delaying the start of a trial by a day, the judge could have allowed the case to start with arrangements being made in that day to cure the defect.

Citations:

Times 16-Jul-1999

Jurisdiction:

England and Wales

Legal Professions

Updated: 25 October 2022; Ref: scu.82067

In Re A Solicitors (Wasted Costs Order) (No 1 of 1994): CACD 27 Jun 1995

A witness answering and resisting a summons is a sufficient party for ‘wasted costs’ order purposes.

Citations:

Times 27-Jun-1995, Gazette 19-Jul-1995

Statutes:

Courts and Legal Services Act 1990 111, Costs in Criminal Cases (General) (Amendment) Regulations 1991 (1991 No 789)

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 08 October 2022; Ref: scu.81682

Regina v Law Society ex parte Ingman Foods Oy Ab: Admn 17 Jan 1997

The claimant sought compensation from the respondent for the actions of his solicitor. The Society resisted saying that the claimant was himself largely responsible for his losses.

Citations:

[1997] EWHC Admin 26, [1997] 2 All ER 666

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – The Law Society v Sephton and Co and others CA 13-Dec-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 22 September 2022; Ref: scu.136971

Ejegi v Migrant Advisory and Advocacy Service: CA 25 Jan 2011

The respondent service provided immigration advice and support under a scheme which did not allow them to claim any fees. The claimant said that they had repeatedly requested donations which were equivalent to fees.

Judges:

Ward, Moses LJJ

Citations:

[2011] EWCA Civ 715

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 15 September 2022; Ref: scu.441231

Parker Rhodes Hickmotts Solicitors v The Legal Services Commission: Admn 25 May 2011

The claimant firm of solicitors sought judicial review of the defendant’s refusal of the award of a contract for the provision of legal aid services in the fields of immigration and asylum law.

Judges:

McCombe J

Citations:

[2011] EWHC 1323 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 13 September 2022; Ref: scu.440575

Mortgage Express v Sawali: ChD 22 Nov 2010

The claimant sought delivery up of files of the defendants’ predecessor solicitors practice relating to its matters and now in their possession. The defendant said it would be wrong to hand over entire files where the firm had also acted for lay clients in the same matter.

Judges:

Simoin Brown QC J

Citations:

[2010] EWHC 3054 (Ch), [2010] NPC 114, [2011] 7 EG 98, [2011] PNLR 11, [2010] EWHC B23 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Mai Judgment – Mortgage Express v Sawali SCCO 22-Nov-2010
. .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 13 September 2022; Ref: scu.440434

In Re Wiseman Lee (Solicitors) (Wasted Costs Order) (No 5 of 2000): CACD 5 Apr 2001

Where a court proposed a wasted costs order it was obliged by the regulations to hear the party against whom the order was sought. An order was made allowing the solicitors to make representations before a date, but the final order was made without having heard any representations, and the engrossed order made no reference to the steps taken, and was defective.

Citations:

Times 05-Apr-2001

Statutes:

Prosecution of Offences Act 1985 19A

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 07 September 2022; Ref: scu.82300

Panesar (T/A Anami Law), Regina (on The Application of) v Crown Prosecution Service and Another: Admn 5 Apr 2011

Defendants challenged the terms of search warrants and the conditions attached to their bail. There was alleged to be a substantial VAT fraud.

Citations:

[2011] EWHC 842 (Admin)

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8(1)

Jurisdiction:

England and Wales

Legal Professions, Police

Updated: 06 September 2022; Ref: scu.431755

Jr Jones Solicitors v Legal Services Commission: ChD 16 Dec 2010

The claimants sought a declaration to the effect that their failure to obtain an immigration contract following a tendering process for the carrying out of publicly funded work was unlawful.

Judges:

Purle QC J

Citations:

[2010] EWHC 3671 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Legal Aid

Updated: 03 September 2022; Ref: scu.430494

Jones v Geldards Llp: CA 21 Jul 2010

The appellant challenged an order for him to pay his former solicitors’ costs saying that they had conducted the case negligently in particular in having failed to advise him of the availability of legal aid.

Judges:

Lord Neuberger MR, Pill LJ, Richards LJ

Citations:

[2010] EWCA Civ 1614

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions

Updated: 03 September 2022; Ref: scu.430474

Ebert v Kamara C-359/09: ECJ 3 Feb 2011

ECJ (Freedom of Establishment) Lawyers – Directive 89/48/EEC – Recognition of higher-education diplomas awarded on completion of professional education and training of at least three years’ duration – Directive 98/5/EC – Practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained – Use of the professional title of the host Member State – Conditions – Registration with the Bar Association of the host Member State.

Citations:

[2011] EUECJ C-359/09

Links:

Bailii

Statutes:

Directive 89/48/EEC

Jurisdiction:

European

Legal Professions

Updated: 01 September 2022; Ref: scu.428492

Harry Lee Wee v The Law Society of Singapore: PC 3 Dec 1984

(Singapore) The principles of autrefois acquit applied to professional disciplinary proceedings. Lord Bridge said: ‘No one would dispute that the doctrine of autrefois convict and acquit is applicable to disciplinary proceedings under a statutory code by which any profession is governed.’

Judges:

Lord Bridge

Citations:

[1984] UKPC 50, [1985] 1 WLR 362, [1984] UKPC 50

Links:

Bailii, Bailii

Cited by:

Cited – Coke-Wallis, Regina (on The Application of) v Institute of Chartered Accountants In England and Wales SC 19-Jan-2011
The appellant chartered accountant had been convicted in Jersey after removing documents from his offices relating to a disputed trust and in breach of an order from his professional institute. The court now considered the relevance and application . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Legal Professions

Updated: 31 August 2022; Ref: scu.428061

Zurich Professional Ltd v Brown and Another: ChD 16 Dec 2010

The court was asked whether a particular professional indemnity policy covered any and if so which actionable defaults committed by a solicitor in the course of administering deceased estates.

Citations:

[2010] EWHC 3300 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Professions, Insurance

Updated: 31 August 2022; Ref: scu.427293

Commission v Greece C-61/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship -Directive 2005/36 EC.

Citations:

C-61/08, [2010] EUECJ C-61/08 – O, [2011] EUECJ C-61/08

Links:

Bailii, Bailii

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424162

Commission v Germany C-54/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship – Directive 2005/36 EC.

Citations:

[2010] EUECJ C-54/08 – O, [2011] EUECJ C-54/08

Links:

Bailii, Bailii

Statutes:

Directive 2005/36 EC

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424161

Commission v Austria C-53/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship -Directive 2005/36 EC.

Citations:

[2010] EUECJ C-53/08 – O, [2011] EUECJ C-53/08

Links:

Bailii, Bailii

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424158

Commission v France C-50/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship -Directive 2005/36 EC.

Citations:

[2010] EUECJ C-50/08 – O, [2011] EUECJ C-50/08

Links:

Bailii, Bailii

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424160

Commission v Belgium C-47/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship -Directive 2005/36 EC.

Citations:

[2010] EUECJ C-47/08 – O, [2011] EUECJ C-47/08

Links:

Bailii, Bailii

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424159

Commission v Luxembourg C-51/08: ECJ 14 Sep 2010

ECJ (Freedom Of Establishment) Actions for failure to fulfil obligations – Freedom of establishment – Direct discrimination on grounds of nationality – Profession of notary – Nationality condition – Article 43 EC and the first paragraph of Article 45 EC – Activities connected with the exercise of official authority – Scope of the freedom of establishment – Principle of proportionality – European citizenship -Directive 2005/36 EC.

Citations:

[2010] EUECJ C-51/08 – O, [2011] EUECJ C-51/08

Links:

Bailii, Bailii

Jurisdiction:

European

Legal Professions

Updated: 24 August 2022; Ref: scu.424163

Gray v Richards Butler (A Firm): ChD 24 Jun 1996

Solicitors were not entitled to payment of their costs in the administration of the estate after the will had been challenged.

Judges:

Lloyd J

Citations:

Gazette 02-Aug-1996, Times 23-Jul-1996

Jurisdiction:

England and Wales

Cited by:

Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Legal Professions, Costs

Updated: 24 August 2022; Ref: scu.80995

Re Z (restraining solicitors from acting): FD 21 Dec 2009

Application by a husband, the respondent in the wife’s divorce proceedings, by which he seeks an order that the wife’s solicitors be debarred from acting any further for her in the divorce or financial matters and that they do remove themselves from the court record.

Judges:

Bodey J

Citations:

[2010] Fam Law 458, [2009] EWHC 3621 (Fam)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – ZS v FS (Application To Prevent Solicitor Acting) FD 24-Oct-2017
Discosure of Confidences must be at risk
H sought to restrain W’s solicitors from acting. The firm was one of six firms approached to consider representing H, and he now said that certain matters had been diviluged to the firm.
Held: The legal principles were clear, and it was for H . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Family

Updated: 22 August 2022; Ref: scu.421350

Department for Business Enterprise and Regulatory Reform v O’Brien and Information Commissioner: QBD 10 Feb 2009

The court considered a claim for legal professional privilege by the Department.
Held: The Tribunal had properly directed itself that there was a strong public interest in non-disclosure inbuilt into legal professional privilege but: ‘In the light of the consistent line taken by the Tribunal as to the weight to be attached to the public interest against disclosure inbuilt into legal professional privilege (an approach I have found to be the correct one) it was incumbent upon the Tribunal in the instant case to give significant weight to that interest. Further, the Tribunal was obliged to consider whether the weight to be given to the public interest considerations militating against disclosure were countered by considerations of at least an equal weight which supported an order for disclosure.’
The Tribunal had failed to attach appropriate weight to the exemption and said: ‘The inbuilt public interest in withholding information to which legal professional privilege applies is acknowledged to command significant weight. Accordingly, the proper approach for the Tribunal was to acknowledge and give significant weight to be afforded to the exemption in any event; ascertain whether there were particular or further factors in the instant case which pointed to non-disclosure and then consider whether the feature supporting disclosure (including the underlying public interests which favour disclosure) would have equal weight at the very least.’

Judges:

Wyn Williams J

Citations:

[2009] EWHC 164 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – HM Treasury v The Information Commissioner Admn 21-Jul-2009
Disclosure of Government’s Legal Advice
The interested party sought to obtain the legal opinion on which the Prime Minister had based his assertion that the Financial Services and Markets Bill complied with Human Rights. The respondent refused claiming protection under the section, and . .
Cited – British Broadcasting Corporation v Sugar and Another Admn 2-Oct-2009
Disclosure was sought of a report prepared by the BBC to assess the balance of its coverage of middle east affairs. The BBC said that the information was not held for purposes other than those of journalism, art or literature. One issue was whether . .
Lists of cited by and citing cases may be incomplete.

Information, Legal Professions

Updated: 16 August 2022; Ref: scu.314297

Filmlab Systems International Ltd and Another v Pennington and Others: ChD 9 Jul 1993

In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party’s advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.

Judges:

Aldous J

Citations:

Times 09-Jul-1993, [1994] 4 All ER Ch D 673

Jurisdiction:

England and Wales

Cited by:

Cited – White v White (Deceased) CA 20-Jan-2003
An appeal was made against an order refusing an award of costs against solicitors for the opposing party.
Held: The judge’s order saying that an aplication should have been forewarned earlier was made within his discretion, and was . .
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 . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Costs, Legal Professions

Updated: 16 August 2022; Ref: scu.80522

Halborg, Regina (on The Application of) v The Law Society: Admn 19 Jan 2010

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’ (Non-Contentious Business) Remuneration Order 1994 (SI 1994/2616)

Jurisdiction:

England and Wales

Legal Professions, Costs

Updated: 13 August 2022; Ref: scu.392988

Hearing On The Report of The Chief Justice of Gibraltar: PC 12 Nov 2009

Gibraltar
The Board considered a report recommending the removal from Office of the Chief Justice of Gibraltar

Judges:

Lord Phillips, Lord Hope, Lord Rodger, Lady Hale, Lord Brown,Lord Judge, Lord Clarke

Citations:

[2009] UKPC 43

Links:

Bailii

Statutes:

Gibraltar Constitution Order 2006

Jurisdiction:

England and Wales

Constitutional, Legal Professions

Updated: 07 August 2022; Ref: scu.381556

Gregory v Shepherds: ChD 17 Feb 1999

An English solicitor, employing a lawyer in another jurisdiction to purchase land for a client, was not himself negligent, for a failure of that foreign lawyer. The lawyer was not employed as a kind of sub-contractor.

Citations:

Gazette 17-Feb-1999, Gazette 24-Feb-1999

Jurisdiction:

England and Wales

Cited by:

Appeal from – Gregory v Shepherds CA 13-Jul-2000
An English solicitor, employing a lawyer in another jurisdiction to purchase land for a client was not himself negligent for a failure of that foreign lawyer. The lawyer was not employed as a kind of sub-contractor. Nevertheless the solicitor was . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 06 August 2022; Ref: scu.81025

Hooper v Fynmores: ChD 21 Jun 2001

The elderly testator had wanted to make a new will which would have increased the claimant’s share of his estate by one eighth. The appointment to sign the will was cancelled when the solicitor was himself hospitalised, and the testator died before the second appointment. The solicitors appealed on the basis that the finding against them effectively imposed a higher duty to the beneficiary than would have been due to the testator.
Held: The appeal was dismissed. In undertaking to prepare a will, the solicitor entered into a special relationship with the beneficiaries, an incident of which was a duty to them to act with due expedition and care. The proposed appointment should not have been cancelled without enquiry as to the testator’s health and considering whether to send a substitute. It should not have been missed without the client’s consent.

Citations:

Gazette 21-Jun-2001, Times 19-Jul-2001

Jurisdiction:

England and Wales

Professional Negligence, Wills and Probate, Legal Professions

Updated: 06 August 2022; Ref: scu.81463

Green v Hancocks (A Firm) and Another: ChD 15 Aug 2000

Whether a party had the appropriate standing to commence an action against another was something which should be within the normal competence expected of a solicitor. It would be wrong to transfer the responsibility for an error as to such capacity to counsel who had not expressly requested to advise on the issue.

Citations:

Times 15-Aug-2000

Jurisdiction:

England and Wales

Professional Negligence, Legal Professions

Updated: 06 August 2022; Ref: scu.81004

Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: ChD 27 Jun 1995

The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.

Judges:

Edward Nugee QC

Citations:

Ind Summary 24-Jul-1995, Times 27-Jun-1995, Gazette 13-Jul-1995, [1996] Ch 1

Jurisdiction:

England and Wales

Cited by:

Appeal from – Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another CA 1-Dec-1995
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s . .
Lists of cited by and citing cases may be incomplete.

Land, Legal Professions, Banking

Updated: 06 August 2022; Ref: scu.81153

Hemmens v Wilson Browne (A Firm): ChD 30 Jun 1993

A solicitor was not liable in negligence, where his mistake might be yet be rectified; this was an inter vivos transaction and the parties could still resolve the position. Though a solicitor had a duty to the beneficiary of a settlement, the settlor could still perfect the deed.

Judges:

Judge Moseley QC

Citations:

Gazette 08-Dec-1993, Times 30-Jun-1993, [1993] 4 All ER 826

Jurisdiction:

England and Wales

Cited by:

Cited – Humblestone v Martin Tolhurst Partnership (A Firm) ChD 5-Feb-2004
The solicitors sent a will to the client for execution, but failed to notice on its return that it had not been properly executed, the signature not being that of the client.
Held: The solicitors were under a duty to ensure that the will would . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Professions

Updated: 05 August 2022; Ref: scu.81313

Guild (Claims) Ltd v Eversheds (A Firm) and Others: ChD 16 Aug 2000

A professional adviser’s duty not to stand by while a client makes a statement he knows to be false does not extend to the offering of unsought advice as to the wisdom of an act or omission which fell short of such a misleading act. When the advice of a professional was challenged, the standard by which it came to be judged was whether he acted in accordance with practice accepted by a responsible body of skilled practitioners at the time.

Citations:

Times 16-Aug-2000

Jurisdiction:

England and Wales

Professional Negligence, Legal Professions

Updated: 05 August 2022; Ref: scu.81078

Baker, Regina (On the Application of) v Hossack: Admn 10 Sep 2009

The solicitor faced professional misconduct disciplinary proceedings. She sought witness summses for the applicant, a solicitor and officer of a local authority taking part in the action which was the origin of the complaint. They stated that they had no relevant knowledge and that the summonses were not issued in good faith.
Held: The purpose of the disciplinary proceedings were to determine the propriety and standards of the solicitor’s practice. The motives of the witness summonses were as to the motives for making the complaint. The witnesses should not be required to give evidence and the summonses were set aside.

Judges:

Silber J

Citations:

[2009] EWHC 2463 (Admin)

Links:

Bailii

Litigation Practice, Legal Professions

Updated: 04 August 2022; Ref: scu.376214

Parry-Jones v The Law Society: CA 1969

The Society had, for regulatory purposes, exercised a power under the 1957 Act to call upon the plaintiff, a solicitor, to produce for inspection accounts and other information relating to the conduct of his clients’ affairs. He sought an injunction restraining the Law Society from requiring him to produce documents that were subject to legal professional privilege without the consent of the clients to whom the privilege related. The court considered the operation of legal professional privilege in disciplinary proceedings.
Held: The court confined the definition of legal professional privilege to the principle whereby a party can resist production of documents in a court of law. Legal advice privilege is a confidence which is created by an implied term in the contract between solicitor and client.
Diplock LJ said: ‘So far as Mr Parry-Jones’ point as to privilege is concerned, privilege, of course, is irrelevant when one is not concerned with judicial or quasi-judicial proceedings because, strictly speaking, privilege refers to a right to withhold from a court, or a tribunal exercising judicial functions, material which would otherwise be admissible in evidence.’

Judges:

Lord Denning MR and Diplock LJ

Citations:

[1969] 1 Ch 1

Statutes:

Solicitors Act 1957

Jurisdiction:

England and Wales

Cited by:

Doubted – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL 11-Nov-2004
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in . .
Cited – McE, Re; McE v Prison Service of Northern Ireland and Another HL 11-Mar-2009
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police.
Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 31 July 2022; Ref: scu.219417

Rehman v The Bar Standards Board: Admn 29 Jul 2016

The barrister appealed against two findingd of the Disciplinary Tribunal of the Council of the Inns of Court.

Judges:

Hickinbottom J

Citations:

[2016] EWHC 2023 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – O’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 26 July 2022; Ref: scu.567870

PQR and STU v Pressdram Ltd: QBD 16 Jan 2009

The claimant solicitors sought an injunction to require the magazine Private Eye not to publish an opinion from the Scottish Legal Ombudsman regarding complaints against the solicitors. The parties disputed whether it was confidential. The complainant had not been told that any confidentiality applied.
Held: There was no proper basis for an argument that the report was confidential.

Judges:

Eady J

Citations:

[2009] EWHC 39 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974

Legal Professions

Updated: 26 July 2022; Ref: scu.346741

In Re A Debtor (No 88 of 1991): ChD 2 Dec 1992

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 case for setting aside the demand.’

Judges:

Sir Donald Nicholls V-C

Citations:

Gazette 02-Dec-1992, [1993] Ch 286

Statutes:

Solicitors Act 1974 69

Jurisdiction:

England and Wales

Legal Professions

Updated: 24 July 2022; Ref: scu.81671

In Re A Firm of Solicitors: ChD 9 May 1995

A solicitor moving from a firm acting on one side of a dispute to the firm on the other side must be able to show that no conflict of interest would arise. The court should intervene unless it is satisfied that there is no risk of disclosure. It goes without saying that the risk must be a real one, and not merely fanciful or theoretical. But it need not be substantial. Lightman J stated that in a ‘previous relationship’ case, in the ordinary course a court will grant an injunction restraining the solicitor acting.
Lightman J said: ‘The law regulating the freedom of a solicitor who, or whose firm, has at one time acted for a client subsequently to act against that client reflects the need to balance two public interests. First there is the interest in the entitlement of that client to the fullest confidence in the solicitor whom he instructs and for this purpose that there shall be no risk or perception of a risk that confidential information relating to the client or his affairs acquired by the solicitor will be disclosed to anyone else . . Second there is the interest in the freedom of the solicitor to obtain instructions from any member of the public, and of all members of the public to instruct such solicitor, in all cases where there is no real need for constraint; there must be good and sufficient reason to deprive the client of the solicitor or the solicitor of the client of his choice.’

Judges:

Lightman J

Citations:

Times 09-May-1995, Independent 16-May-1995, [1997] Ch 1, [1995] 3 All ER 482

Jurisdiction:

England and Wales

Citing:

Cited – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .

Cited by:

Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – RTZ Pension Property Trust Ltd v ARC Property Developments Ltd and Asfa Limited CA 26-Nov-1998
Where a plaintiff discontinued his action, but still sought costs from the defendant, he had to show some misconduct by the defendant, such as encouraging the action by concealment of a defence. A mere late amendment causing no loss was not . .
Cited – Davies v Davies CA 4-Mar-1999
The marriage was unhappy. The wife consulted briefly but did not instruct a solicitor, Mr Tooth. Some 7 years later as divorce proceedings were considered, the husband did instruct Mr Tooth. She sought to prevent him acting, but then wanted to . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 24 July 2022; Ref: scu.81675

In Re A Debtor (No 1594 of 1992): ChD 20 Nov 1992

A one-sided term inserted into a contract between solicitors and their clients by the solicitors was to be construed against the solicitors and in the client’s favour where any ambiguity allowed this. The contra preferentem rule was to be applied.

Judges:

Knox J

Citations:

Times 08-Dec-1992

Jurisdiction:

England and Wales

Citing:

Cited – Lep Air Services v Rolloswin Investments Ltd; Moschi v LEP Air Services HL 1973
The obligation of a guarantor under a contract ‘is not an obligation himself to pay a sum of money to the creditor, but an obligation to see to it that another person, the debtor, does something.’ When a repudiatory breach is accepted by the injured . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Contract

Updated: 24 July 2022; Ref: scu.81652

Bevan Ashford v Geoff Yeandle (Contractors) Ltd (In Liquidation): ChD 23 Apr 1998

A conditional fee agreement allowing 50 per cent uplift for case being conducted before arbitrator was not unlawful as champerty, even though it was outside range of the proceedings listed for such arrangements.

Citations:

Times 23-Apr-1998, Gazette 28-May-1998

Statutes:

Courts and Legal Services Act 1990 58

Jurisdiction:

England and Wales

Legal Professions

Updated: 21 July 2022; Ref: scu.78377

Nicholas Drukker and Co v Pridie Brewster and Co: QBD 12 Dec 2005

The Master did not have jurisdiction under section 70 of the Solicitors Act to hear wholesale allegations of professional negligence and wide ranging criticisms of a solicitor’s conduct which affected not just the individual items in the bill of costs but went to the heart of the retainer.

Judges:

Openshaw J

Citations:

[2005] EWHC 2788 (QB)

Links:

Bailii

Statutes:

Solicitors Act 1974 70

Jurisdiction:

England and Wales

Cited by:

Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Costs, Legal Professions

Updated: 21 July 2022; Ref: scu.278575

Regina v Master of Rolls ex parte Mckinnell: QBD 16 Sep 1992

The Law Society may appeal against a decision of the disciplinary tribunal.

Citations:

Gazette 16-Sep-1992, [1993] 1 WLR 88

Statutes:

Solicitors Act 1974 49(1)(a)

Jurisdiction:

England and Wales

Cited by:

Cited – Taylor v The Law Society CA 1-Nov-2005
‘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 . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 21 July 2022; Ref: scu.87293

White v Withers Llp and Another: QBD 19 Nov 2008

The claimant sought damages. The defendant firm of solicitors had represented the claimant’s wife in matrimonial procedings, and had used in evidence documents which the claimant said had been taken from him and were confidential.
Held: The claim was struck out. Any claim would be for nominal damages only, but was struck out for disclosing no cause of action.

Judges:

Eady J

Citations:

[2008] EWHC 2821 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Hildebrand v Hildebrand 1992
The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after . .

Cited by:

Cited – White v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Intellectual Property

Updated: 19 July 2022; Ref: scu.277903