Aisbitt v Conrathe & Anor

Aisbitt v Conrathe & Anor

The solicitors had actual authority from the applicant to withdraw the judicial review application, and coming off the record did not revoke that authority. There was no evidence of loss as the judicial review had negligible prospects of success, and no causative link was established between the solicitors' conduct and the applicant's medical condition. The judge's findings were justified and not arguable for reversal.

Parties
Applicant/claimant: Kirsty Fiona Aisbitt; Defendant/respondent: Mr Paul Conrathe; Defendant/respondent: Coningsbys Solicitors
Jurisdiction
England and Wales
Judgment Date
14 December 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Solicitor's Authority, Damages, Costs, Judicial Review Withdrawal
Contract Law Professional Negligence Civil Procedure Solicitor's Authority Damages Costs Judicial Review Withdrawal

Case Brief

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Parties

Kirsty Fiona Aisbitt

Applicant/claimant

Mr Paul Conrathe

Defendant/respondent

Coningsbys Solicitors

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether solicitors had authority to withdraw judicial review application
  2. 2 Whether the applicant was properly informed of the consent order
  3. 3 Whether the judge erred in holding a judicial review within a professional negligence trial

Ratio Decidendi

The solicitors had actual authority from the applicant to withdraw the judicial review application, and coming off the record did not revoke that authority. There was no evidence of loss as the judicial review had negligible prospects of success, and no causative link was established between the solicitors' conduct and the applicant's medical condition. The judge's findings were justified and not arguable for reversal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused