Persaud & Anor v Persaud & Ors [2002] EWCA Civ 1459 (1 July 2002)

Persaud & Anor v Persaud & Ors [2002] EWCA Civ 1459 (1 July 2002)

There is a prima facie case that the barrister may have been negligent in failing to address key legal points in his advice, and the matter requires full argument inter partes before a decision on permission to appeal can be made.

Source-derived case information.

Citation
[2002] EWCA Civ 1459
Parties
Claimant (respondent): Luke Persaud; Claimant (respondent): John Persaud; Defendant (applicant): Norman Persaud; Defendant: M Persaud Limited; Defendant: Stephen Persaud
Jurisdiction
England and Wales
Judgment Date
01 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application adjourned to be heard inter partes with appeal to follow if permission granted.
Legal Topics
Wasted Costs Order, Barrister's Duty to Court, Negligence, Legal Aid, Permission to Appeal
Civil Procedure Legal Profession Wasted Costs Order Barrister's Duty to Court Negligence Legal Aid Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Luke Persaud

Claimant (respondent)

John Persaud

Claimant (respondent)

Norman Persaud

Defendant (applicant)

M Persaud Limited

Defendant

Stephen Persaud

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether a wasted costs order should be made against a barrister for allegedly negligent advice and conduct
  2. 2 Whether the judge erred in refusing to order the barrister to show cause

Ratio Decidendi

There is a prima facie case that the barrister may have been negligent in failing to address key legal points in his advice, and the matter requires full argument inter partes before a decision on permission to appeal can be made.

Court Disposition

Application adjourned to be heard inter partes with appeal to follow if permission granted.

Orders

  • Application to come on inter partes with appeal to follow if permission granted.
  • To be heard by a 3-judge court including one Chancery Lord Justice.