The Bench saves Solicitors and possibly Counsel

By mhartman

In the Khans Case: CofA and Sedley LJ reviewed the old authorities and concluded that:

1. Where a litigant/Client discharges his advocate / solicitor after,

2. the Client has won damages and costs against a 3rd Party after a trial and

3. the Client settles costs directly with the losing 3rd Party, and is paid them, and disappears, and,

4. the advocate / solicitor had previouisly informed the 3rd Party of his right to receive payment of costs

5. then the advocate / solicitor may exercise what is his lien over the costs payable by the 3rd Party irrespective of the fact that as between the 3rd Party and the client costs were settled.

Without explaining why, the LJs took the view that the award of costs was a chose in action and incapable of constituting property for purposes of an assignment; which may be wrong as a matter of law. See the Zabihi case at first instance.

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Tort: Abuse of Process by Malicious Proceedings

By mhartman

At last the Privy Council in Crawford Adjusters (Cayman) Ltd and others v Sagicor General Insurance (Cayman) Ltd[2013] UKPC 17; [2013] WLR (D) 229 has ruled that malicious prosecution constitutes itself as a tort for purposes of civil as well as criminal proceedings.

Need I say more than that the court was constituted by Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Wilson, Lord Sumption JJSC: 13 June 2013

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Own up, aren’t you an ‘epigone’?

By mhartman

Lewison LJ in M v M:

44. Lastly we were referred to extracts from Magnus and Mankowski: Brussels IIbis Regulation which states at p 8:
Judgment Approved by the court for handing down.
―But whereas the [Judgments Regulation] establishes a system of provisions, in particular on jurisdiction, the outcome of which must be ―highly predictable and excludes the Common Law doctrine of forum non conveniens wholehandedly ………… An alteration of the approach prevailing under [the Judgments Regulation] as the role model would certainly have to be followed in the epigonic field of [BIIR].
45. (―Epigonic: does not feature in my dictionary, but an ―epigone is a less distinguished successor of an illustrious generation)….

Trust Brussels to find a word for it and Lewison LJ to explain what it must mean.

Tee hee!

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