Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
CB v EB [2020] EWFC 72
(Family Court, Mostyn J, 16 November 2020)Financial Remedies – Consent order – Application for set aside – Property values left husband with lower sums than anticipated – FPR...
No right (as yet) to be married legally in a humanist ceremony: R (on the application of Harrison and others) v Secretary of State for Justice [2020] EWHC 2096 (Admin)
Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor in Family Law, University of BuckinghamIn July 2020, six humanist couples brought an application for judicial review on the...
Controlling and coercive behaviour is gender and colour blind but how are courts meeting the challenge to protect victims
Maryam Syed, 7BRExamining the most recent caselaw in both family and criminal law jurisdictions this article discusses the prominent and still newly emerging issue of controlling and coercive domestic...
Roma families face disadvantage in child protection proceedings
Mary Marvel, Law for LifeWe have all become familiar with the discussion about structural racism in the UK, thanks to the excellent work of the Black Lives Matter movement. But it is less recognised...
The ‘Bank of Mum and Dad’ – obligations and scope for change
Helen Brander, Pump Court ChambersQuite unusually, two judgments of the High Court in 2020 have considered financial provision for adult children and when and how applications can be made. They come...
View all articles

LEGAL AID/NEGLIGENCE: Truex v Kitchin [2007] EWCA Civ 618

Sep 29, 2018, 17:37 PM
Slug : truex-v-kitchin-2007-ewca-civ-618
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 19, 2007, 04:23 AM
Article ID : 88873

(Court of Appeal; Waller and Lawrence Collins LJJ; 4 July 2007)

The respondent had instructed the appellant solicitors in divorce proceedings and a leave to remove application. The matter proceeded with the respondent paying the solicitors on a private basis. A payment on account of £9,000 was made. Between 18 February 2003 and 7 April 2003 £21,000 worth of work was carried out. On or about 7 April 2003 the respondent transferred to another firm of solicitors and was granted public funding. The balance of £12,000 remained outstanding.

The question was whether the appellant firm of solicitors should have advised the respondent that she might be eligible for legal aid earlier than they did. In the original hearing of the claim by the solicitors against the respondent for outstanding fees the judge held that the solicitors had been negligent in failing to advise the respondent that she might be eligible for public funding, and dismissed their claim, giving judgment for the respondent's counter-claim for the money she had paid on account, save a small amount for an initial meeting. The solicitors appealed.

The appeal would be dismissed. A solicitor must be bound at the outset to consider the question whether a client might be eligible for legal aid. On the facts which were before the solicitors when they took initial instructions and arising out of a telephone conversation shortly afterwards, any reasonable solicitor would have formed the view that the respondent might be eligible for public funding. There had been no material change in circumstances between the date the respondent instructed the appellant solicitors and the date she was granted public funding by the second firm of solicitors. If the financial position of the respondent had been properly considered in the context of whether she might be eligible for public funding she would have been advised to go to a different firm at a very early stage and this she would have done.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from