Hudson v Solicitors Regulation Authority (SRA)

Hudson v Solicitors Regulation Authority (SRA)

The SRA's wrongful release of the Drives and Documents caused the claimant to incur legal costs in seeking their return; such costs are recoverable under the strict liability of conversion and are not defeated by alleged intervening acts. The claimant has a real prospect of success on causation for all pleaded causes of action.

Parties
Claimant: Alexis Maitland Hudson; Defendant: Solicitors Regulation Authority
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Civil / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Conversion, Duty of Confidence, Causation, Legal Costs, Summary Judgment
Tort Equity Professional Regulation Conversion Duty of Confidence Causation Legal Costs Summary Judgment

Case Brief

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Parties

Alexis Maitland Hudson

Claimant

Solicitors Regulation Authority

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the SRA's breach of duty caused recoverable loss to the claimant
  2. 2 Whether intervening acts broke the chain of causation
  3. 3 Whether legal costs incurred in recovering property are recoverable in conversion, breach of confidence, or common law duty claims

Ratio Decidendi

The SRA's wrongful release of the Drives and Documents caused the claimant to incur legal costs in seeking their return; such costs are recoverable under the strict liability of conversion and are not defeated by alleged intervening acts. The claimant has a real prospect of success on causation for all pleaded causes of action.

Court Disposition

Application for summary judgment dismissed

Orders

  • SRA's application dismissed
  • Preliminary directions for conduct of claim to be given at hand down hearing