Bruce MacInnes & Anor v DWF Law LLP

Bruce MacInnes & Anor v DWF Law LLP

The Defendant breached the unless order dated 22 April 2025 by failing to disclose all communications for which charges were raised, including WhatsApp and other instant messages. The absence of a policy or system to record such communications does not excuse non-compliance. The sanction in the unless order applies: the Defendant is debarred from participating in the detailed assessment hearing, save for the purpose of any preliminary issues hearing in which evidence might otherwise be heard.

Parties
Claimant: Mr Bruce MacInnes; Claimant: Mrs Susanna MacInnes; Defendant: DWF Law LLP
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Solicitors Act Assessment / Application for Declaration of Breach of Unless Order and Related Disclosure
Outcome
Declaration granted: Defendant is sanctioned by the unless order for breach; application part-heard and costs reserved.
Legal Topics
Disclosure, Sanctions, Solicitors Act Assessment, Client File Definition, Use of Instant Messaging in Legal Practice
Costs Civil Procedure Disclosure Sanctions Solicitors Act Assessment Client File Definition Use of Instant Messaging in Legal Practice

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Parties

Mr Bruce MacInnes

Claimant

Mrs Susanna MacInnes

Claimant

DWF Law LLP

Defendant

Procedural Posture

Solicitors Act Assessment / Application for Declaration of Breach of Unless Order and Related Disclosure

Legal Issues

  1. 1 Whether the Defendant complied with the unless order dated 22 April 2025 requiring disclosure of its complete files
  2. 2 Whether WhatsApp and other instant messages form part of the client file for disclosure purposes
  3. 3 Whether the Defendant is sanctioned by the unless order for non-compliance

Ratio Decidendi

The Defendant breached the unless order dated 22 April 2025 by failing to disclose all communications for which charges were raised, including WhatsApp and other instant messages. The absence of a policy or system to record such communications does not excuse non-compliance. The sanction in the unless order applies: the Defendant is debarred from participating in the detailed assessment hearing, save for the purpose of any preliminary issues hearing in which evidence might otherwise be heard.

Court Disposition

Declaration granted: Defendant is sanctioned by the unless order for breach; application part-heard and costs reserved.

Orders

  • Defendant is debarred from participating in the detailed assessment hearing, save for the purpose of any preliminary issues hearing in which evidence might otherwise be heard.
  • Claimants and Defendant to confirm within 7 days whether remaining elements of application and relief from sanction are pursued.