No.6 of 2002
Pine v The Law Society
20 February 2002
Court of Appeal (Sir Andrew Morritt VC; Robert Walker and Rix LJJ)
The Law Society intervened in the practice of the claimant solicitor under the powers conferred on them by Section 35 of and Schedule 1(2) to the Solicitors Act 1974 on the ground specified in paragraph 1(1)(a) of the Schedule, namely suspected dishonesty. They appointed a solicitor (Mr H) to take control of the practice, and in due course the claimant was struck off. The Solicitors Disciplinary Committee also ordered the claimant to pay the Law Society's costs of £16,319.08, under Schedule 1 Part 2 paragraph 13 of the Solicitors Act 1974.
A strong Court of Appeal held that the provisions of the said paragraph did not override a claimant's right to require assessment of his costs under Section 71 of the Solicitors Act 1974, and accordingly an order for detailed assessment of the bills, ordered by the Judge in the court below, would be upheld.