Legal Professions - 1990

The case shown here are derived from the lawindexpro case law database. lawindexpro is a low cost case law database, with over 260,000 case listings, and over 200,000 links to full text judgments. The free service below shows the core information on the case, but is restricted in several ways. A small proportion of cases do allow access to the full lawindexpro information. These cases are selected at random, and may be different on your next visit. The active links through to lawindexpro are extremely powerful allowing full access to all linked cases.  

This page lists 5 cases, and was prepared on 28 October 2012.

Stevens & Cutting Ltd -v- Anderson [1990] 1 EGLR 95
1990 CA Stuart Smith LJ	Landlord and Tenant, Legal Professions
	The tenant served his s26 notice on the landlord and then began his application to the court. His application was however early. Held: The landlord did nothing to indicate his opposition or otherwise to a new tenancy and so was not estopped from objecting to the fault. There was a prima facie presumption that a solicitor knew the law but one that could be rebutted.
	Landlord and Tenant Act 1954 26

Harrison -v- Tew [1990] 2 AC 523
1990 HL Lord Lowry	Legal Professions	Casemap 1 Cites 1 Citers
	The court considered whether a court could order an assessment of a solicitor's bill of costs more than 12 months after it had been paid. It was argued that the Court has no power to order taxation under section 70(4) outside the statutory period of 12 months after the bill has been paid, and the wording of the sub-section is such as to exclude any inherent jurisdiction to order taxation which the Court might otherwise have had. Held: Lord Lowry: "The question for decision is whether section 70(4) of the Solicitors Act 1974 precludes an application for taxation of a solicitor’s bill of costs by the party chargeable after the expiration of 12 months from the payment of the bill or whether, not withstanding the wording of that sub-section, the Court has an inherent jurisdiction to order taxation" The ordinary jurisdiction does co-exist with the statutory scheme. When considering the argument that “a client who had been grossly over-charged would have no remedy once he had been careless or unfortunate enough to fall foul of the 12-month time limit”, Lord Lowry went on: "But it has to be said that in some cases the solicitor will have deducted his costs from money received on the client’s behalf, in which case the client could sue under the ordinary jurisdiction described in In re Park " and "I turn now to the appellant's arguments based on Section 50(2) which preserves the jurisdiction over solicitors that the court possessed before Supreme Court of Judicature Act 1873. In the first place, that jurisdiction must be considered as affected by, for example, Section 41 of the Act of 1843 and secondly it is "subject to the provisions of this Act" including Section 70(4). The thrust of Mr Tugendhat's argument was that it would be absurd to have disciplinary jurisdiction over a solicitor who had overcharged a client without also having power to refer the offending bill for taxation. I think, with respect, that this argument confuses two different powers: one is the power under Section 70 to refer a bill for taxation on the application of the party chargeable; the other is the power to refer a bill to the taxing master for "assessment" or "moderation" in aid of disciplinary proceedings when a prima facie case of overcharging has been made out by the party aggrieved." Judgment of Court of Appeal upheld.
	Solicitors Act 1974 70(4)

Holden & Co (A firm) -v- Crown Prosecution Service [1990] 2 QB 261; [1990] 1 All ER 368; [1990] 2 WLR 1137
1990	Legal Professions, Costs	Casemap 1 Citers
	It is part of the deterrent of the wasted costs procedure that solicitors are named and the adverse publicity is therefore an important deterrent to impropriety.

Regina -v- Commissioners of Inland Revenue, Ex parte Taylor (No 2) (1990) 62 TC 578
1990	Legal Professions, Taxes Management	Casemap 1 Citers

Dubai Bank Ltd -v- Galadari (1990) Ch 98
1990 CA Dillon LJ	Evidence, Legal Professions, International	Casemap 1 Cites 1 Citers
	A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the "pre-existing documents, and even documents on public records, have been selected by a solicitor for the purpose of advising his client and obtaining evidence and the solicitor has exercised skill and judgment in the selection."