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 solicitor’s convictions for money laundering have been overturned by the Court of Appeal in a case involving corrupt payments linked to a multi-million dollar UN medical aid contract for the Democratic Republic of Congo. He was convicted despite the judge finding him unfit to be cross-examined.
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”.
A judge who wrongly questioned the status of a solicitor after doing his own research on the Law Society’s website, has been criticised by the Court of Appeal. The judge at Central London County Court complained that he had prosecuted “too many swindlers” as a barrister, and was “naturally suspicious of everybody, particularly in this court”.
Court of Appeal: judges working as barristers do not have to disclose “every ongoing piece of litigation”
Appeal judges have ruled that part-time judges who are working as barristers do not have to reveal details of “every ongoing piece of litigation” they are dealing with to ward off accusations of bias.
The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.
Damian McCarthy, a barrister whose disbarment was overturned by the Court of Appeal, has said he is hoping for a “fair hearing” from a new Bar disciplinary tribunal. The Bar Standards Board said it remained of the view that he had acted dishonestly.
Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.
The Court of Appeal has upheld a High Court decision against one solicitor in favour of her former partner, after expressing surprise that the pair had no more than a verbal agreement made in the pub over a drink.
The Court of Appeal has overturned a High Court decision that a Sussex law firm wrongly paid out £2.28m it had received from a group of investors in what turned out to be a doomed airport investment scheme.