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England and Wales High Court (Senior Courts Costs Office) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> Adrian Allen Ltd v Fuglers (A Firm) [2003] EWHC 9033 (Costs) (13 November 2002) URL: http://www.bailii.org/ew/cases/EWHC/Costs/2003/9033.html Cite as: [2003] EWHC 9033 (Costs) |
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No.13 of 2003
Adrian Allen Ltd v Fuglers (A Firm)
13 November 2002
Court of Appeal, Brooke, Kay and Dyson LJJ
Mr L had been struck off the Roll of Solicitors in 1979, but, two years later, a firm was granted permission by the Law Society to employ him from year to year, and after two years this temporal condition was removed. He started to work for Fuglers in 1993, until his sudden disappearance in February 1998.
He inveigled himself into the workings of the claimant company indicating to them that he was a solicitor and could assist them in litigation with which they were involved. They accepted at face value that he was a solicitor and had entrusted their work to him, but in addition to being incompetent he was also fraudulent and disappeared with monies belonging to the client.
One of the issues on the appeal from Brighton County Court to the Court of Appeal was whether the well known but widely criticised case of Pilbrow v Pearless De Rougemont & Co [1999] 3 All ER 355 should be followed, where as here the person to whom the client entrusted the work was a struck off solicitor.
Lord Justice Brooke, who gave the leading judgment of the Court of Appeal, refused to distinguish the Pilbrow case, and indeed followed it.
