Publisher Citation: [2009] All ER (D) 104 (Jan)
Court: Queen's Bench Division, Administrative Court

Saunders J (judgment delivered extempore)

Representation Nicholas Riddle (instructed by Bowcock Cuerden, Cheshire) for the applicants.
  Nicholas Peacock (instructed Beven Brittain LLP, Bristol) for the Law Society.
Judgment Dates: 19 January 2009


Solicitor - Compensation fund - Grant from fund to relieve loss or hardship suffered in consequence of solicitor's dishonesty - Law Society's policy in relation to grants from fund - Applicants depositing large sum of money with solicitor to facilitate loan arrangement - Solicitor dishonestly appropriating applicants' money - Law Society refusing to compensate applicants on grounds that applicants' recklessness justifying 100% reduction in compensation otherwise payable - Whether Law Society's decision lawful - .

The Case

Solicitor Compensation fund. Queen's Bench Division, Administrative Court: An application for judicial review against a decision of the Law Society's panel that the applicants had not suffered a financial loss in consequence of the solicitor dishonestly appropriating money that had come to his hands was allowed as the finding that the applicants had not suffered a financial loss had been wrong.

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