In Hill v Fellowes Solicitors [2011] EWHC 61, a professional negligence claim
against solicitors in respect of an inter vivos transaction, the judge said that there was «plainly no duty upon solicitors in general to obtain medical evidence on every occasion upon which they are instructed by an elderly client just in case they lack capacity».
Professional indemnity insurance coverage issues in relation to a claim
against solicitors in relation to a # 40 million mortgage fraud.
acting for a large telecommunications company in a claim
against solicitors in respect of negligent advice relating to disclosure obligations
Professional Negligence claims
against solicitors in conveyancing transactions and also against surveyors and valuers.
Lydia acted for the Claimant
against solicitors in respect of the misappropriation of monies held in escrow and the collapse of a Middle Eastern power project ($ 40million).
An adjunct of such work, is that Marc gives advice on the law of solicitors» costs, acting both for and
against solicitors in costs claims.
This means that the Law Society can allege dishonesty or fraud
against a solicitor in a fi rst r 5 statement, require the solicitor to instruct me to spend 50 hours in conferences preparing a response to the dishonesty allegation and then withdraw the allegation later without any costs sanction whatsoever.
Mass consumer claims for professional negligence
against a solicitor in relation to Italian developments the subject of international fraud between the IRA and the Calabrian mafia
Not exact matches
Unable to pay for
solicitors and unable to get legal aid, women were forced to represent themselves
against their abusers
in the court room.
With fewer
solicitors experienced
in dealing with male violence
against women, it becomes harder for women to get the help they need to obtain protections such as injunctions, let alone pursue criminal charges.
His
solicitors said
in a statement: «We can confirm that Lord Rennard agreed to meet with the police and that he welcomed his first opportunity to refute the basis of allegations made
against him.
Nick Clegg's difficulties
in handling complaints
against senior figures
in his party will continue on Friday when
solicitors acting for an alleged sexual assault victim of the MP Mike Hancock will ask the high court to force a Lib - Dem - led council to release an unredacted version of a damning QC's report.
In a statement from his
solicitors, Lord Rennard denied any wrongdoing or knowledge of any allegations having been made
against him.
But Deer's investigation - nominated
in February 2011 for two British Press Awards - discovered that, while Wakefield held himself out to be a dispassionate scientist, two years before the Lancet paper was published - and before any of the 12 children were even referred to the hospital - he had been hired to attack MMR by a lawyer, Richard Barr: a jobbing
solicitor in the small eastern English town of King's Lynn, who hoped to raise a speculative class action lawsuit
against drug companies which manufactured the triple shot.
In 2015, the Texas assistant solicitor general made the point more colorfully, arguing against more school funding in court: «Money isn't pixie dust.&raqu
In 2015, the Texas assistant
solicitor general made the point more colorfully, arguing
against more school funding
in court: «Money isn't pixie dust.&raqu
in court: «Money isn't pixie dust.»
And it is singularly unattractive to argue that confidentiality should be recognised by the law
in order to protect the interests of a
solicitor against whom an adverse finding has been made.
If a person went to a
solicitor and accused an entity of illegal activity knowing
in advance that the
solicitor or the district attorney would try to refuse to take the case, would it theoretically be possible to then file suit
against the
solicitor under 42 U.S.C. 1983:
Finally, while continuing to warn
against involvement
in artificial arrangements, the SRA refers to a
solicitor who was struck off when allegations were proved
against him, including that «he declared to... HMRC... that he... had bought a property for a price lower than that which he paid... resulting
in him paying too little
in stamp duty land tax».
My summary of the case is: A trial judge — he wasn't named
in the Court of Appeal but his name can easily be discovered — had dismissed plaintiff's claim
against the defendant bank and a
solicitor for breach of fiduciary duty and negligence.
A
solicitor may attend the hearing to offer advice to the bereaved family on what is happening
in the criminal process, and to also take a note of the evidence to support any later civil compensation claim
against the defendant.
As an example Leigh Day
Solicitors is top ranked by the Chambers Directory which comments that the firm has been representing Colombian farmers
against BP Subsidiary Exploration (Colombia)
in relation to alleged environmental damage caused by an oil pipeline.
The consultation paper states that
in these cases it would be open for the
solicitor to seek a costs order
against the opponent.
Johnston is also advising a construction company
in a claim
against a
solicitor relating to negligent advice regarding a Part 36 offer and cost consequences given to the client following litigation, and Hall is handling a claim
against solicitors for negligence and a breach of fiduciary duty relating to a property transaction.
The courts have become far less hesitant to award personal costs
against executors,
solicitors, trustees
in bankruptcy, and the Public Guardian, for conduct which the court finds is inappropriate.
Maria Theodoulou, Partner at Stokoe Partnership
Solicitors, comments
in The Telegraph, Daily Mail and regional press, following the news of Hatton Garden raider Carl Wood lodging his appeal
against his convictions.
Alison Leith heads the department, which primarily acts for claimants
in disputes
against solicitors, architects, accountants, surveyors and insurance brokers.
Oliver Carter (co-chair) is a
solicitor in the public law and human rights team at Irwin Mitchell, specialising
in judicial review, health and social care, inquests and actions
against the police.
In a dispute between a subcontractor and contractor (2017 ONSC 4417), the
solicitor for the subcontractor negligently failed to advise his client to commence an action
against the contractor's director under s. 13 of the Construction Lien Act.
He has particular expertise
in claims
against solicitors, barristers, insurance brokers and accountants.
It sought to recover the losses it sustained
in a re-mortgage transaction by means of a breach of trust claim
against its
solicitor.
Polly's experience includes advising a number of national firms of surveyors
in relation to commercial and residential over-valuations and fraud (including development sites, industrial warehouses, hotels, property portfolios and agricultural land and residential property), advising D&O insurers on a large criminal claim
against the directors of a high profile international company
in India, and advising London market insurers on coverage
in relation to a number of related claims involving fraudulent
solicitors.
(iii) within one month of receipt of such costs the
solicitor will pay to counsel the amount recovered
in respect of his / her fees, such sum to be set off
against counsel's entitlement to normal fees by virtue of this agreement.
The group's recent work includes acting for an individual
in a claim
against a
solicitor who had misappropriated a portion of the client's damages following a previous clinical negligence claim, handling a claim relating to negligent conveyancing, and representing an individual
against a firm of
solicitors that failed to prepare a will
in reasonable time.
(Defence of undue influence with third party claim
in negligence
against a firm of
solicitors; successful London Mediation at which wife of debtor received enough
in damages to secure re-housing).
In his Judgment, Justice Burnett of the Divisional Court held that the «no real risk» test laid down in by the House of Lords in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to act against his former client.&raqu
In his Judgment, Justice Burnett of the Divisional Court held that the «no real risk» test laid down
in by the House of Lords in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to act against his former client.&raqu
in by the House of Lords
in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers in connection with suspected crime with a solicitor who proposes to act against his former client.&raqu
in Bolkiah v KPMG [1999] 2 AC 222 was inapplicable since it was ``... inappropriate to equate a public body exercising statutory powers
in connection with suspected crime with a solicitor who proposes to act against his former client.&raqu
in connection with suspected crime with a
solicitor who proposes to act
against his former client.»
Among the recommendations
in the Insurance Fraud Taskforce's (IFT) report published
in January was the belief that more effective action should be taken
against fraudulent
solicitors with steps being proposed to tackle the issue of claimant firms bringing claims without proper instructions.
Last week the Court of Appeal, ruling
in two conjoined cases on disciplinary proceedings brought
against solicitors, Wingate v SRA; SRA v Malins [2018] EWCA Civ 366, overturned Mr Justice Mostyn's ruling that integrity and honesty are conceptually the same thing.
In RP a mother, who had been represented throughout care and placement order proceedings by the official
solicitor, appealed
against the making of the placement order on the ground, among others, that she had not had a fair trial as the case advanced on her behalf did not accord with her instructions.
Mitchell v News Group Newspapers [2013] EWCA Civ 1537 became a landmark Jackson reforms case after Andrew Mitchell MP's
solicitors incurred costs sanctions limiting recoverable costs to the court fees after submitting their budget late
in his libel action
against the publishers of The Sun newspaper.
HHJ Collender QC, who made the costs decision, placed considerable reliance on the following facts
in making a wasted costs order
against the claimant
solicitor:
The claimant
solicitors received civil legal aid funding while acting for clients
in appeals
against homelessness decisions under s 204 of the Housing Act 1996 (HA 1996)(s 204 appeals).
It is the fact of having confidential information which is material to the fresh retainer and which must not be disclosed
in any circumstances to a third party; or, as here, to the wife
in later litigation
against H, the
solicitor's former client.
They can impose an order under s. 43 of the
Solicitors Act 1974 (
against an employee of a
solicitor) meaning they are unable to work
in any SRA regulated firm without the permission of the SRA.
She defends a range of professionals under miscellaneous policies, but has particular expertise
in claims
against solicitors.
Practitioners may therefore be interested to know about the experience of those of us who defend
solicitors against claims, which naturally range from the nonsensical or outrageous to those where we are hard pushed to say anything
in reply except maybe a challenge to the quantum of interest.
The lawyer is required to do this
in the knowledge that any
solicitor - client confidences contained
in these records are not adequately protected
against searches and seizures authorized by the scheme.
After Toronto city
solicitor Anna Kinastowski filed a complaint
against Justice Ted Matlow
in January 2006, the Canadian Judicial Council demanded that the supernumerary judge account for his high - profile opposition, together with some of his neighbours, to the building of a condo and retail complex on his small residential street
in Toronto's Forest Hill Village, and to explain his consequent clashes with the City of Toronto's legal department.
Solicitors Harcus Sinclair and Slater and Gordon are leading the group litigation
against Volkswagen following the diesel emissions scandal which has affected 1.2 million Volkswagen, Audi, Seat, and Skoda vehicles
in the UK.
The action languished for some time,
in large part because the plaintiffs»
solicitor had difficulty
in resolving how to deal with the claim
against the second defendant.
Examples of his recent case - load are: led by Ed Pepperall QC
in a large - scale action arising from a defective share sale; defended
solicitors from allegations arising from property transactions, including alleged breaches of the Etridge guidance; acting for a claimant
against solicitors who negligently handled his litigation; defending an IFA from allegations of inappropriately risky investment advice; acting for
solicitors claiming contributions from another firm
in respect of their own liability for breach of trust; advising clients on a claim
against surveyors for losses arising from negligent property valuations.