The plaintiff, who had been convicted before the magistrates, sued the solicitors who had acted for him in connection with a proposed appeal to the Crown Court for failure to lodge such an appeal. The solicitors applied to strike out the action, citing Hunter.
Held: It was not an abuse of process to allege negligence against solicitors for not arguing a point. The collateral attack rules were explained and an exception provided for. Ralph Gibson LJ: ‘to permit a claim to be pursued for causing a plaintiff to lose the power to exercise a right of appeal is not to permit relitigation of the same issue ‘
Judges:
Ralph Gibson LJ
Citations:
Independent 23-Sep-1993, Times 08-Jul-1993, [1994] QB 106
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 06 August 2022; Ref: scu.90265