Murphy v the Law Society [2015] EWCA Civ 290 (16 December 2015)

Murphy v the Law Society [2015] EWCA Civ 290 (16 December 2015)

Permission to appeal is granted because the issue of whether a duty of care existed is a discrete point of law with strong arguments advanced by the Law Society, and resolving it now is more efficient than proceeding to a full trial.

Source-derived case information.

Citation
[2015] EWCA Civ 290
Parties
Claimant/applicant: Schubert Murphy; Defendant/respondent: The Law Society
Jurisdiction
England and Wales
Judgment Date
16 December 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Duty of Care, Statutory Functions, Permission to Appeal
Tort Law Professional Regulation Duty of Care Statutory Functions Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Schubert Murphy

Claimant/applicant

The Law Society

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Law Society owed a duty of care to the claimant arising out of the performance of its statutory functions

Ratio Decidendi

Permission to appeal is granted because the issue of whether a duty of care existed is a discrete point of law with strong arguments advanced by the Law Society, and resolving it now is more efficient than proceeding to a full trial.

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be listed before three Lord or Lady Justices for a one-day hearing
  • Parties to advise the court on the accuracy of the time estimate and reading list