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Legal Professions: Case Law, Legislation, Links 18-10-16

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Legal Professions: Case Law, Legislation, Links 18-10-16

Postby dls » Tue Oct 18, 2016 11:31 am

Solicitors, Barristers, Notaries, Legal Executives, Judges, Coroners
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Barclays Bank Plc -v- Weeks Legg & Dean (a Firm); Barclays Bank Plc -v- Lougher and Others; Barclays Bank Plc -v- Hopkin John & Co; CA 21-May-1998 - The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land.
    Edward Wong Finance Co Ltd -v- Johnson Stokes & Master; PC 1984 - (Hong Kong) The defendant’s solicitors completed a mortgage in ‘Hong Kong style’ rather than in the old fashioned English style.
    Great Atlantic Insurance -v- Home Insurance; CA 1981 - The defendants sought to enter into evidence one part of a document, but the plaintiffs sought to have the remainder protected through legal professional privilege. Held: The entirety of the document was privileged, but by disclosing part, the plaintiffs had waived privilege in relation to the whole document.
    KPMG Peat Marwick McLintock -v- The HLT Group; QBD 18-Mar-1994 - The plaintiffs claimed for professional fees, and the defendants counter-claimed alleging negligence. The plaintiffs obtained summary judgment under Order 14 with an order for costs on the standard basis, to be taxed if not agreed. The plaintiffs had instructed solicitors in the City of London to represent them in the litigation and there was an issue as to the amount charged by those solicitors for the work which they had undertaken. The taxing officer had disregarded a survey published by the London Solicitors’ Litigation Association showing the broad average direct hourly cost for City solicitors.
    Moody -v- Cox and Hatt; CA 1917 - An action was brought for rescission of a contract of sale of a public house and four cottages, with a counterclaim for specific performance. The sellers, Hatt and Cox, were respectively a solicitor and his managing clerk. They were the trustees of a will trust, and were selling as such. In addition Hatt acted as solicitor for the purchaser Moody. The contract price was £8,400. Moody complained that Cox had failed to disclose to him a valuation showing the property to be worth less than the contract price, and that Cox had expressly asserted that the cottages were worth £225 each when he knew that they were worth less. A ‘clean hands’ issue arose from the fact that Moody had paid two sums of £100 to Cox as a sweetener. Since Hatt and Cox were selling as trustees, they had a duty to their beneficiaries to obtain the best price reasonably obtainable.
    Regina -v- A Special Commissioner ex parte Morgan Grenfell & Co Ltd; Regina -v- Martyn Rounding (HM Inspector of Taxes) ex parte Morgan Grenfell and Co Ltd; CA 2-Mar-2001 - The inspector of taxes had power to issue a notice requiring access to legally privileged material. The power given by the section included certain exceptions, and those were not to be extended. The special or general commissioners had no power to hear from a taxpayer oral representations as to the issue of such a notice.
    Smith -v- Mules; 17-Feb-1852 - A and B and the son of B entered into partnership as solicitors, and by articles agreed that the partners were diligently and faithfully to employ themselves in carrying on and managing all the professional business in which they or either of them might be employed or concerned; that B should use his best endeavours to obtain the appointment of the partnership firm to three offices or clerkships, which were then held by B, and such offices should be partnership appointments; that all other compatible offices should be obtained, if possible, in the name of the firm, and the emoluments treated as part of the profits of the partnership; that, if B or his son should retire, or A or B or his son should die, the share of the deceased partner should accrue to the surviving partners
    Trendtex Trading Corporation -v- Credit Suisse; HL 1981 - A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act.
    Upjohn Company -v- United States; 13-Jan-1981 - United States Supreme Court - When the General Counsel for petitioner pharmaceutical manufacturing corporation (hereafter petitioner) was informed that one of its foreign subsidiaries had made questionable payments to foreign government officials in order to secure government business, an internal investigation of such payments was initiated.
    Withers Llp -v- Rybak and Others; ChD 9-May-2011 - The claimant solicitors sought a declaration as to whether they had a right to assert a solicitor’s common law lien over sums in its client account. The defendant clients had asserted a security interest in the money and had assigned that interest, but the claimants said that substantial sums remained due to it in fees.
      Supreme Court of Judicature Act 1873 -|- Explanatory Note -|- Case law -|- See Also: Constitutional, Judicial Review
      An Act for the constitution of a Supreme Court,and for other purposes relating to the better Administration of Justice in England; and to authorise the transfer to the Appellate Division of such Supreme Court of the Jurisdiction of the Judicial Committee of Her Majesty's Privy Council
      Administration of Justice Act 1956 / 46 -|- Case law -|- See Also: Transport, Charity
      An Act to amend the law relating to Admiralty jurisdiction, legal proceedings in connection with ships and aircraft and the arrest of ships and other property, to make further provision as to the appointment, tenure of office, powers and qualifications of certain judges and officers, to make certain other amendments of the law relating to the Supreme Court and the county courts and of the law relating to the enforcement of certain judgments, orders and decrees, to enable certain funds in court in the Lancashire Chancery Court to be transferred to the official trustees of charitable funds or the Church Commissioners, and for purposes connected with the matters aforesaid.
      Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 / 73 -|- Case law -|- See Also: Scotland, Local Government, Landlord and Tenant, Evidence
      An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.
      Administration of Justice Act 1985 / 61 -|- Case law -|- See Also:, Defamation
      An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the Solicitors Act 1974; to regulate the provision of solicitors’ services in the case of incorporated practices; to regulate the provision of conveyancing services by persons practising as licensed conveyancers; to make further provision with respect to complaints relating to the provision of legal aid services; to amend the law relating to time limits for actions for libel and slander; and to make further provision with respect to arbitrations and proceedings in connection with European patents.
      Courts and Legal Services Act 1990 / 41 -|- Case law -|- See Also:, Litigation Practice
      An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974; to amend the Arbitration Act 1950; to make provision with respect to certain loans in respect of residential property; to make provision with respect to the jurisdiction of the Parliamentary Commissioner for Administration in connection with the functions of court staff; to amend the Children Act 1989 and make further provision in connection with that Act; and for connected purposes.
      Access to Justice Act 1999 / 22 -|- Case law -|- See Also: Legal Aid, Scotland, Magistrates
      An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates’ courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.
      Constitutional Reform Act 2005 / 4 -|- Explanatory Note -|- Case law -|- See Also: Constitutional
      An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.
      Legal Services Act 2007 / 29 -|- Explanatory Note -|- Case law -|- See Also:, Company
      An Act to make provision for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry on certain legal activities; to make provision for the establishment of the Office for Legal Complaints and for a scheme to consider and determine legal complaints; to make provision about claims management services and about immigration advice and immigration services; to make provision in respect of legal representation provided free of charge; to make provision about the application of the Legal Profession and Legal Aid (Scotland) Act 2007; to make provision about the Scottish legal services ombudsman; and for connected purposes.

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