Fen & Ors v D'cruz & Ors
The court found, on balance of probabilities and credibility assessment, that Mr Low did hold out Mr D'Cruz as a partner and solicitor, and that the claimants relied on these representations to their detriment, entitling them to judgment and restitution.
- Parties
- Claimants: Fen & Others; Defendants: D'Cruz & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2006
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the claimants
- Legal Topics
- Holding Out, Solicitor Dishonesty, Immigration Fraud, Misrepresentation, Restitution
Case Brief
Summary, issues, holding and outcome
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Parties
Fen & Others
Claimants
D'Cruz & Others
Defendants
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether Mr Low held out Mr D'Cruz as a partner and solicitor in Whitehead and Low
- 2 Whether claimants are entitled to restitution for sums paid to Mr D'Cruz
- 3 Credibility of witnesses regarding payments and representations
Ratio Decidendi
The court found, on balance of probabilities and credibility assessment, that Mr Low did hold out Mr D'Cruz as a partner and solicitor, and that the claimants relied on these representations to their detriment, entitling them to judgment and restitution.
Court Disposition
Judgment for the claimants
Orders
- Restitution of £23,750 to claimants
- Legal costs to be paid by defendants
Full Case Text
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