The Court of Appeal has emphatically cleared a solicitor of fraud, expressing “some disquiet” at the trial judge’s findings to the contrary in an oil rig drilling case involving a $129m standby letter of credit. “Different legal minds may obviously take different views” on the legal question at the heart of the case, it said.
A judge has ruled that the advice lawyers gave in ancillary relief proceedings was negligent and that if the claimant had been properly advised, he would have settled on better terms. But he dismissed an allegation that the solicitor had fabricated her file notes.
Claims that the Law Society’s Conveyancing Quality Scheme does little to actually check the quality of the work solicitors do have been rejected by Chancery Lane. It was reported recently that since the scheme was launched in 2010, assessors have visited only 12 of the 3,000-plus members of the scheme.
The High Court has thrown out a £5m fraud and conspiracy claim against a newly qualified solicitor and experienced legal executive who acted for a Docklands developer. Mr Justice Mann said the pair had suffered “years of anxiety” as a result of the claim, “culminating in a trial which they should not have had”.
In what is being hailed as a significant victory for conveyancers, a law firm and estate agency have defeated a claim brought against them after it turned out that the seller they acted for was a fraudster. The fraud only came to light when the real owner walked past his property and saw builders ripping out the kitchen.
There are high levels of consumer satisfaction with legal services, according to a survey commissioned by the Competition and Markets Authority. However, those who were not happy usually did not bother complaining because it was thought to be too time-consuming or would not achieve much.
The “grandiloquent, rhetorical and at times almost facetious” advocacy style of a criminal defence barrister has no place in modern trials, the Court of Appeal has said. It found the barrister “certainly appears to take a considerable degree of satisfaction in having a style all of his own”.
The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud. In its decision, the Court of Appeal had warned that findings of dishonesty, especially against solicitors, should not be made without “the most careful consideration” of what they say in their defence.
A client cannot blame the failure of solicitors to send a land transaction return to the taxman so as to avoid a fine for late filing, a tribunal has ruled. Andrew Oliver appealed against the penalty imposed on him for the failure to submit the return within the 30 days allowed. Instead it was submitted 252 days later.
The conveyancers on both sides of a property fraud have been found jointly liable for the £470,000 loss suffered by the buyer. The ruling of His Honour Judge Pelling QC, sitting as a High Court judge, is the first authority on the obligations owed by a seller’s solicitor to a purchaser.