Adrian Alan Ltd v Fuglers (a Firm) [2003] EWHC 9025 (Costs) (13 November 2002)

Adrian Alan Ltd v Fuglers (a Firm) [2003] EWHC 9025 (Costs) (13 November 2002)

The defendant firm was vicariously liable for the acts of Mr L, as the client did not receive the professional service expected due to deliberate deceit, and the reasoning in Pilbrow v Pearless de Rougemont & Co should be followed.

Source-derived case information.

Citation
[2003] EWHC 9025 (Costs)
Parties
Claimant: Adrian Alan Ltd; Defendant: Fuglers (a Firm)
Jurisdiction
England and Wales
Judgment Date
13 November 2002
Procedural Posture
Appeal / Court of Appeal
Outcome
Appeal dismissed; judgment for claimant affirmed.
Legal Topics
Vicarious Liability, Solicitor Misconduct, Restitution of Fees
Professional Negligence Legal Profession Regulation Vicarious Liability Solicitor Misconduct Restitution of Fees

Source-derived case record

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Parties

Adrian Alan Ltd

Claimant

Fuglers (a Firm)

Defendant

Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 Whether the defendant firm was vicariously liable for the acts of a struck off solicitor employed with Law Society permission
  2. 2 Whether the client was entitled to restitution for fees paid under mistaken belief

Ratio Decidendi

The defendant firm was vicariously liable for the acts of Mr L, as the client did not receive the professional service expected due to deliberate deceit, and the reasoning in Pilbrow v Pearless de Rougemont & Co should be followed.

Court Disposition

Appeal dismissed; judgment for claimant affirmed.

Orders

  • Award of damages of £23,911.25 to claimant affirmed
  • Defendants to repay £3,000 paid by claimants on account of costs to Mr L