Worby, Worby and Worby v Rosser: CA 28 May 1999
Three potential beneficiaries sought payment from a solicitor of the costs of resisting the grant of probate to a will, saying that he had owed them a duty of care to ensure that the testator did not...
View ArticleWorldwide Corporation Limited v Marconi Communications Ltd (Formerly Gpt...
Counsel, giving assurances in open court on behalf of his client, bound that client. This applied even though counsel might have been negligent, and / or might, in turn, be immune from suit. Courts...
View ArticleSampson 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...
View ArticleAlliance and Leicester Building Society and Others v Edgestop Ltd and Others...
A receiver’s remuneration may be set by the court on either the standard or indemnity basis. Citations: Times 24-May-1995 Jurisdiction: England and Wales Insolvency, Legal Professions Updated: 21...
View ArticleCox 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...
View ArticleNdole Assets Ltd v Designer MandE Services UK Ltd: CA 21 Dec 2018
Is service of a claim form, a reserved legal activity for the purposes of the Legal Services Act 2007 Citations: [2018] EWCA Civ 2865 Links: Bailii Jurisdiction: England and Wales Legal Professions...
View ArticleSmith v Hurlock: 4 May 1837
No length of Time is a Bar to opening a Solicitor’s Bill for Taxation, provided there be a distinct Allegation and Proof of improper Charges amounting to Fraud. Citations: [1837] EngR 701, (1837) Donn...
View ArticleKoch Shipping Inc v Richards Butler (a Firm): CA 22 Jul 2002
The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings....
View ArticleCalcraft v Guest: CA 1898
A trial had taken place in which the principal issue was the upper boundary of the plaintiff’s fishery. On appeal the defendant proposed to rely on new evidence discovered among the papers in another...
View ArticleGiles 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...
View ArticleRe Scalora (A Solicitor): CA 16 Jan 2009
Citations: [2009] EWCA Civ 928 Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 20 December 2022; Ref: scu.375593 The post Re Scalora (A Solicitor): CA 16 Jan 2009 appeared...
View ArticleIn The Matter Of Branson, One, and C: 8 May 1837
Since the abolition of fines and recoveries, an attorney’s bill for preparing acknowledgments of married women, and attending before the commissioners, is not taxable. Citations: [1837] EngR 725,...
View ArticleHolliday v Lawes: 6 May 1837
Interlocutory costs due to one party may be set off against final costs due to the opposite party without regard to the attorney’s lien. Citations: [1837] EngR 713, (1837) 3 Bing NC 774, (1837) 132 ER...
View ArticleThe 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 –...
View ArticleTolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of...
View ArticleThatcher v Douglas and Another: CA 19 Dec 1995
The Court rejected the contention that Celsteel was wrongly decided and that the Rule only applied to legal easements. The court followed Celsteel and applied it to equitable easements, holding them to...
View ArticleHalifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and...
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...
View ArticleIn 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...
View ArticleMurnin v The Scottish Legal Complaints Commission and Another: SCS 3 Apr 2012
Citations: [2012] ScotCS CSIH – 34 Links: Bailii Scotland, Legal Professions Updated: 09 December 2022; Ref: scu.495194 The post Murnin v The Scottish Legal Complaints Commission and Another: SCS 3 Apr...
View ArticleAllan Rutherford Llp Solicitors v The Legal Services Commission: Admn 26 Nov...
Judges: Mr Justice Burnett Citations: [2010] EWHC 3068 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions, Legal Aid Updated: 09 December 2022; Ref: scu.426709 The post Allan...
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