There are three features which are worryingly recurrent: (1) the propensity to allege fraud and dishonesty
against solicitors without proper analysis of the facts or proper supporting evidence capable of satisfying the high (criminal) standard of proof, (2) the overloading of the document and / or (3) lack of specificity.
Justice Templeton ordered that the plaintiff was precluded from commencing any litigation
against the solicitors without leave of the court.
Not exact matches
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.
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.
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.
Mann J held that as the statements had been disclosed by Mr Berezovsky's
solicitors without any express limitation on their use, it was not open to Mr Berezovksy to prevent their use by the estate
against him.
The
solicitor - and - client privilege is based upon the notion of confidence and honour that permits a legal adviser to communicate quite freely
without the inhibiting influence that would exist if what was said between him and his client could be used as evidence or used unfairly
against them before a court.
Advising and representing
solicitor in complaint by a local authority
against a
solicitor who was accused of having held herself as acting as a
solicitor, but
without a valid practicing certificate.