Taefi v Russell

Taefi v Russell

There are arguable grounds on the allegations of negligence and causation, and the judge may have erred in his approach to causation and the effect of the false defence. Leave to appeal is granted on specified grounds, with conditions for amending the notice of appeal.

Parties
Applicant/claimant: Ali Taefi; Respondent/defendant: Jeffrey Green Russell
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Civil Appeal / Leave to Appeal Granted by Court of Appeal
Outcome
Leave to appeal granted (qualified)
Legal Topics
Solicitor's Negligence, Default Judgment, Causation, Costs
Professional Negligence Civil Procedure Solicitor's Negligence Default Judgment Causation Costs

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Parties

Ali Taefi

Applicant/claimant

Jeffrey Green Russell

Respondent/defendant

Procedural Posture

Civil Appeal / Leave to Appeal Granted by Court of Appeal

Legal Issues

  1. 1 Whether the solicitors were negligent in failing to file an acknowledgment of service
  2. 2 Whether the solicitors were negligent in insisting on costs as a condition of settlement
  3. 3 Whether the claimant was properly advised regarding the risk of costs

Ratio Decidendi

There are arguable grounds on the allegations of negligence and causation, and the judge may have erred in his approach to causation and the effect of the false defence. Leave to appeal is granted on specified grounds, with conditions for amending the notice of appeal.

Court Disposition

Leave to appeal granted (qualified)

Orders

  • Leave to appeal granted on grounds 1-9, with grounds 10 and 11 to be replaced by a confined point within 7 days
  • Estimate for appeal hearing set at one-and-a-half days before three Lord Justices