Gray v Avadis

Gray v Avadis

Statements made by the defendant solicitor to the OSS in response to a client complaint were made in the course of quasi-judicial proceedings before a tribunal recognised by law and are protected by absolute privilege; the claim for fraud is unsupported by evidence and discloses no reasonable cause of action.

Parties
Claimant: Benjamin Gray; Defendant: Laurie Avadis
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Civil / Appeal and Application to Strike Out/summary Judgment
Outcome
Appeal dismissed; claim struck out
Legal Topics
Absolute Privilege, Qualified Privilege, Fraud, Solicitors' Professional Conduct
Defamation Professional Regulation Absolute Privilege Qualified Privilege Fraud Solicitors' Professional Conduct

Case Brief

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Parties

Benjamin Gray

Claimant

Laurie Avadis

Defendant

Procedural Posture

Civil / Appeal and Application to Strike Out/summary Judgment

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 for fraud discloses a reasonable cause of action
  3. 3 Whether the claimant's pleadings comply with procedural requirements

Ratio Decidendi

Statements made by the defendant solicitor to the OSS in response to a client complaint were made in the course of quasi-judicial proceedings before a tribunal recognised by law and are protected by absolute privilege; the claim for fraud is unsupported by evidence and discloses no reasonable cause of action.

Court Disposition

Appeal dismissed; claim struck out

Orders

  • Claim for libel and fraud struck out
  • Summary judgment entered for the defendant on the libel claims