Source: All England Reporter
Publisher Citation: [2009] All ER (D) 103 (Jul)
Court: Queen's Bench Division, Divisional Court
Judge:

Sir Anthony May P and Saunders J (judgment delivered extempore)

Representation Kenneth Hamer (instructed by Roger Richards Solicitors) for the appellant.
  Timothy Dutton QC and James McLelland (instructed by Bevan Brittan Solicitors) for the respondent.
Judgment Dates: 10 July 2009

Catchwords

Breach of trust - Solicitor - Duty - Solicitor being asked advice regarding equity release scheme - Solicitor advising client that he could offer more advantageous arrangement - Client agreeing to arrangement - Client complaining to Law Society - Law Society holding conflict of interest - Whether Law Society erring.

The Case

Breach of trust Solicitor. Queen's Bench Division, Divisional Court: The appellant's appeal against the decision of the respondent Law Society was dismissed on the basis that the appellant had been in breach of his fiduciary duty to a client and the decision of the respondent had been correct.

Practice Areas

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