Hanley v J C & A Solicitors [2018] EWHC 2592 (QB) (28 September 2018)

Hanley v J C & A Solicitors [2018] EWHC 2592 (QB) (28 September 2018)

The court has no jurisdiction under the inherent jurisdiction or s.68 Solicitors Act 1974 to order a solicitor to make and supply copies of documents which are the property of the solicitor, even on payment of reasonable costs. The jurisdiction is limited to documents belonging to the client. Ownership is the critical determinant, and the authorities do not support a wider discretion.

Citation
[2018] EWHC 2592 (QB)
Parties
Claimant/appellant: Mr Ian Hanley; Defendant/respondent: J C & A Solicitors; Claimants/appellants: Mr Mark Green & Ors; Defendants/respondent: SGI Legal LLP
Jurisdiction
England and Wales
Judgment Date
28 September 2018
Procedural Posture
Appeal / Judgment on Appeal From Senior Courts Costs Office
Outcome
Appeals dismissed
Legal Topics
Solicitors' Files, Inherent Jurisdiction, Solicitors Act 1974 S.68, Ownership of Documents, Client Rights, Conditional Fee Agreements (cfa)
Civil Procedure Legal Profession Solicitors' Files Inherent Jurisdiction Solicitors Act 1974 S.68 Ownership of Documents Client Rights Conditional Fee Agreements (cfa)

Case Brief

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Parties

Mr Ian Hanley

Claimant/appellant

J C & A Solicitors

Defendant/respondent

Mr Mark Green & Ors

Claimants/appellants

SGI Legal LLP

Defendants/respondent

Procedural Posture

Appeal / Judgment on Appeal From Senior Courts Costs Office

Legal Issues

  1. 1 Whether the court has jurisdiction under the inherent jurisdiction and/or s.68 Solicitors Act 1974 to order a solicitor to make and supply to a client copies of documents which are the property of the solicitor, subject to payment of reasonable costs.

Ratio Decidendi

The court has no jurisdiction under the inherent jurisdiction or s.68 Solicitors Act 1974 to order a solicitor to make and supply copies of documents which are the property of the solicitor, even on payment of reasonable costs. The jurisdiction is limited to documents belonging to the client. Ownership is the critical determinant, and the authorities do not support a wider discretion.

Court Disposition

Appeals dismissed