Gray v Avadis [2003] EWHC 1830 (QB) (30 July 2003)

Gray v Avadis [2003] EWHC 1830 (QB) (30 July 2003)

Statements made by the defendant solicitor to the OSS in response to a client complaint were protected by absolute privilege as they were made in the course of regulatory proceedings equivalent to judicial proceedings. The fraud claim was struck out for lack of evidence of dishonesty or a reasonable cause of action.

Citation
[2003] EWHC 1830 (QB)
Parties
Claimant: Benjamin Gray; Defendant: Laurie Avadis
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Civil Appeal / Appeal From Master Leslie's Decision and Application to Strike Out Claim
Outcome
Appeal dismissed; claim in fraud struck out; summary judgment for defendant on libel claims.
Legal Topics
Absolute Privilege, Qualified Privilege, Fraud, Solicitor Regulation, Inadequate Professional Services
Defamation Professional Regulation Absolute Privilege Qualified Privilege Fraud Solicitor Regulation Inadequate Professional Services

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Parties

Benjamin Gray

Claimant

Laurie Avadis

Defendant

Procedural Posture

Civil Appeal / Appeal From Master Leslie's Decision and Application to Strike Out Claim

Legal Issues

  1. 1 Whether statements made by a solicitor to the Office for the Supervision of Solicitors (OSS) are protected by absolute privilege
  2. 2 Whether the claim in fraud against the solicitor discloses a reasonable cause of action

Ratio Decidendi

Statements made by the defendant solicitor to the OSS in response to a client complaint were protected by absolute privilege as they were made in the course of regulatory proceedings equivalent to judicial proceedings. The fraud claim was struck out for lack of evidence of dishonesty or a reasonable cause of action.

Court Disposition

Appeal dismissed; claim in fraud struck out; summary judgment for defendant on libel claims.

Orders

  • Claimant's appeal dismissed
  • Defendant's application to strike out fraud claim allowed