David Truex, Solicitor (A Firm) v Kitchen

David Truex, Solicitor (A Firm) v Kitchen

Permission to appeal is granted because there is a real prospect of successfully appealing the judge’s decision, particularly due to a possible fundamental error regarding the date the retainer was entered into, which significantly affects the findings and conclusions.

Parties
Claimant/appellant: David Truex, Solicitor (A Firm); Defendant/respondent: Kitchen
Jurisdiction
England and Wales
Judgment Date
03 November 2006
Procedural Posture
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Solicitor's Duty of Care, Legal Aid Advice, Retainer Agreement, Professional Fees
Professional Negligence Legal Practice Solicitor's Duty of Care Legal Aid Advice Retainer Agreement Professional Fees

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Parties

David Truex, Solicitor (A Firm)

Claimant/appellant

Kitchen

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the applicant firm breached its duty to advise the defendant on public funding eligibility
  2. 2 Whether the judge erred in finding the date of retainer
  3. 3 Whether the applicant firm was entitled to professional fees for work done

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of successfully appealing the judge’s decision, particularly due to a possible fundamental error regarding the date the retainer was entered into, which significantly affects the findings and conclusions.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted